A protracted legal battle between a group of New Ipswich neighbors and the operators of Silver Scone Teas has culminated in a significant financial penalty for the appellants. The neighbors, who have repeatedly challenged the town’s approval of the tea party event business, have now been ordered to pay substantial attorney fees to both the town and the business owner, Jane Elwell. This ruling follows multiple appeals that the Housing Appeals Board (HAB) deemed "frivolous and unreasonable conduct."
Key Takeaways
- Neighbors appealing the approval of Silver Scone Teas have lost their latest motion for reconsideration.
- The Housing Appeals Board ordered the neighbor group to pay $5,000 to the town and $10,000 to Silver Scone Teas owner Jane Elwell.
- The HAB cited "frivolous and unreasonable conduct" and "personal animus" in its decision to award fees.
- A Superior Court also previously dismissed an appeal related to the business’s site plan approval.
Legal Battles and Rulings
Silver Scone Teas, an event business operated by Jane Elwell from her historic home on River Road, initially began operations without the necessary town approvals. Following neighbor complaints and a cease-and-desist order, Elwell pursued and obtained the required variance and site plan review. However, a group of neighbors continued to challenge these decisions through various appeals.
In a recent ruling on August 13, the Housing Appeals Board denied a motion for reconsideration filed by the neighbors. The board found that the appellants were making essentially the same arguments previously presented and found unpersuasive. In its decision, the HAB noted that the litigation had "taken on a life of its own" and appeared to be retaliatory, driven by "personal animus, bordering on hatred" against Elwell. Consequently, the board awarded $5,000 in fees and costs to the town of New Ipswich and $10,000 to Elwell, payable within 30 days.
Superior Court Dismisses Site Plan Appeal
Adding to the neighbors’ legal setbacks, Hillsborough Superior Court – North previously dismissed an appeal concerning the site plan approval for Silver Scone Teas. The neighbors’ arguments, which included concerns about the septic plan, stormwater drainage, and the completeness of the application, were found to be without sufficient merit by the court. The court affirmed the Planning Board’s original decision to approve the business.
Nancy Clark, identified as both an appellant and the legal counsel for the neighbor group, stated intentions to appeal both the HAB and Superior Court decisions to the NH Supreme Court. However, the HAB specifically called out Clark’s dual role, questioning her objectivity and finding the award of fees and sanctions well-warranted under the circumstances.
Sources
- Transcript – Silver Scones neighbors ordered to pay thousands in fees, Monadnock Ledger-Transcript.
- Court rules in favor of New Ipswich in tea party dispute, Monadnock Ledger-Transcript.
- Superior Court dismisses appeal of Silver Scones approval, NH Business Review.