A New Ipswich tea business, Silver Scone Teas, has been embroiled in a protracted legal battle with a group of neighbors. Despite initial challenges and cease-and-desist orders, the business has navigated zoning and planning board approvals. However, ongoing appeals by a vocal neighborhood group have led to significant legal fees and court rulings.
Key Takeaways
- Neighbors’ appeals against Silver Scone Teas have been largely unsuccessful.
- The Housing Appeals Board and Superior Court have ruled in favor of the town and the business.
- The neighbor group has been ordered to pay substantial attorney fees and costs.
Legal Battles and Rulings
Silver Scone Teas, operated by Jane Elwell from her historic home on River Road, initially faced scrutiny for operating without proper town review. After receiving complaints and a cease-and-desist notice, Elwell pursued and obtained the necessary variance and site plan review. This did not deter a group of neighbors, who subsequently filed multiple appeals with both the state’s Housing Appeals Board (HAB) and the court system.
In a significant ruling on August 13, the HAB denied a motion for reconsideration filed by the neighbors. The board characterized their continued pursuit of appeals as "frivolous and unreasonable conduct." Consequently, the HAB ordered the neighbor group to pay $5,000 in fees and costs to the town of New Ipswich and $10,000 to Jane Elwell. The board noted that the neighbors’ arguments were repetitive and unpersuasive, and that the litigation appeared to stem from personal animus towards Elwell, aiming to disrupt her business.
Superior Court Upholds Approval
Further compounding the neighbors’ challenges, the Hillsborough Superior Court – North dismissed another appeal on November 20. This appeal contested the Planning Board’s approval of Silver Scone Teas’ site plan. The neighbors raised three primary arguments: an undersized septic plan, an insufficient stormwater drainage plan, and the board’s acceptance of the plan as complete despite missing documents.
The court found no sufficient error in the Planning Board’s decision on any of these points. Regarding the septic plan, the court deferred to the Department of Environmental Services’ approval, noting the business’s limited commercial use. For the stormwater plan, the court determined the plaintiffs misinterpreted the town’s regulations, which only require detailed calculations if a project significantly alters drainage patterns. Finally, the court concluded that Silver Scone Teas had provided all necessary information for the application to be deemed complete at the time of review, and that the neighbors had not demonstrated how any missing documentation hindered their participation in the multi-month hearings.
Despite these rulings, Nancy Clark, representing the neighbors and also acting as their attorney, stated their intention to appeal both decisions to the NH Supreme Court, criticizing the court’s opinions as legally flawed.
Sources
- Transcript – Silver Scones neighbors ordered to pay thousands in fees, Monadnock Ledger-Transcript.
- Superior Court dismisses appeal of Silver Scones approval, NH Business Review.