dissenting: RSA 36:34 provides that“[a]ny persons aggrieved by any decision of the planning board” concerning a subdivision may have the decision reviewed by the court on certiorari. The proximity of the plaintiffs’ properties to the applicant’s land makes it evident that the board’s decision might affect the value or use of the plaintiffs’ properties. See Bryniarski v. Montgomery County Bd. of App., 247 Md. 137, 230 A.2d 289 (1967); 3 R. Anderson, American Law of Zoning §§ 21.05, 21.06, 21.10 (1968). Hence they were qualified to obtain review as “aggrieved” persons. See Towle v. Nashua, 106 N.H. 394, 212 A.2d 204 (1965); Bryant v. Allen, 6 N.H. 116 (1833). The right to review must carry with it by implication a right to be heard before the board upon the original application.
This is not a case where the enabling act “imposes no hearing requirement.” 3 R. Anderson, American Law of Zoning § 19.12, at 410 (1968). RSA 36:23 forbids approval of a plot “without affording a hearing thereon.” In my judgment when the legislature amended section 23 to require notice to abutters as well as to the applicant, it did so because abutters were considered to be necessary parties. Laws 1969, 155:1. I find no implication that other affected parties were to be deprived of a hearing before the board although entitled to a hearing before the court under RSA 36:34. Accordingly I would sustain the order of the trial court.