When the selectmen do not lay out, alter, or discontinue a highway, or when a highway is laid out by selectmen and is not built and opened for use within three years, or if discontinued by the selectmen before it is built and opened, persons who are either voters or landowners, and whose number is at least five percent of the voters, of the town may apply for relief by petition in writing to the Superior Court for the same county, or in either county when the highway or bridge is in two counties, for any of these purposes. (Added 1985, No. 269 (Adj. Sess.), § 1.)