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If you are unable to overturn the zoning board vote in Superior Court, and being charged for commercial zone property taxes would be part of your evidence in your favor, and if the court upholds the board's determination, then you would be entitled to a recalculation of your taxes paid based on commercial and have them paid as residential for that time period. The town cannot have it both ways and tax you as commercial (or partial commercial) and deny you commercial use. Thus, they would have to recalculate your taxes if the Superior Court does not vacate the board ruling.
In your suit to vacate the board ruling, as part of your causes of action and prayer for relief, since you can make alternative claims, you need to state that should the court find the board's vote is proper and you cannot use the property for commercial use, then you are seeking a recalculation of the taxes paid at the commercial rate for property they claim is not available for commercial use. The rules of court allow you to make alternative claims in the same suit and for judicial economy and for your litigation
economy (instead of having to file a second suit) you would raise this as an alternative in your suit to vacate the board decision.
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