Stratham officials are at legal daggers drawn over a decision to permit construction of a 59-unit condominium development in town.

Developer Green & Co. received approval from the Stratham Zoning Board of Adjustment for the 59 detached-unit development on a 77-acre parcel at 13-15 Stoney Brook Lane in January.

But 15 years ago, residents voted to include the parcel in a special commercial zoning district.

That vote, the town’s Select Board members say, should be respected and the land should be reserved for “hotels, conference centers, commercial and professional uses, restaurants, entertainment complexes, and larger scale mixed-use development,” not new homes.

The Select Board voted 2-1 on May 6 to file an appeal in Rockingham Superior Court over the decision. The vote was first reported by the Portsmouth Herald.

ZBA members approved Green & Co.’s development plans after hearing from the developer that the land located off Route 108 wasn’t financially possible to develop for commercial uses. The land has seen several redevelopment attempts in the past, all of which have failed due to the lack of sewer and water service in the area.