New Hampshire Revised Statutes 230-A:5 – Appeal
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Terms Used In New Hampshire Revised Statutes 230-A:5
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
Any owner of land or other property aggrieved by a finding of the layout authority on the matter of occasion for the layout of a highway planning corridor or alteration thereof, may appeal to the superior court, for the county in which such land or other property is situated, by petition within 60 days after the filing of the return with the secretary of state as provided in N.H. Rev. Stat. § 230-A:6. The burden of proof shall be upon the party seeking to set aside any finding of the layout authority to show that such decision is unlawful or unreasonable. All findings of the layout authority upon all questions of fact properly before the court shall be prima facie lawful and reasonable. The decision appealed from shall not be set aside or vacated, except for errors of law, unless the court is persuaded by the balance of probabilities, on the evidence before it, that said finding is unreasonable or unlawful.