middle-tier test in New Hampshire

2006Although in the trial court the petitioners urged application of a middle-tier analysis, relying upon Carson, 120 N.H. at 932 , they make no such argument in their brief to this court.

1988In addressing this State equal protection claim, the plaintiffs are principally concerned to persuade us to review the effect of subparagraph (d) under the so-called middle-tier test of Carson v. Maurer, 120 N.H. 925, 931-33 , 424 A.2d 825, 830-31 (1980), which requires that legislation restricting the enjoyment of an “important substantive right” be reasonable, not arbitrary, and justified by a “fair and substantial” relationship to the effectuation of a legitimate governmental objective.

1992However, under the New Hampshire Constitution, a middle tier analysis is employed, and in order for a classification in a zoning ordinance to be constitutional it “must be reasonable, not arbitrary, and must rest upon some ground of difference having a fair and substantial relation to the object of the legislation.” Town of Chesterfield v. Brooks, 126 N.H. 64, 69 , 489 A.2d 600, 604 (1985) (citations and quotations omitted).

1992However, under the New Hampshire Constitution, a middle tier analysis is employed, and in order for a classification in a zoning ordinance to be constitutional it “must be reasonable, not arbitrary, and must rest upon some ground of difference having a fair and substantial relation to the object of the legislation.” Town of Chesterfield v. Brooks, 126 N.H. 64, 69 , 489 A.2d 600, 604 (1985) (citations and quotations omitted).

2008We noted that we had “previously ... elected to apply a middle tier standard to an estate’s right to recover under the wrongful death statute.” Id,.; see Gould v. Concord Hospital, 126 N.H. 405, 408-09 (1985).

1999Gould, 126 N.H. at 408-09 , 493 A.2d at 1196 .

2006See Dow, 148 N.H. at 124-25 ; Town of Chesterfield v. Brooks, 126 N.H. 64, 67-69 (1985).

1995“Under the New Hampshire Constitution, a middle tier analysis is employed, and in order for a classification in a zoning ordinance to be constitutional it must be reasonable, not arbitrary, and must rest upon some ground of difference having a fair and substantial relation to the object of the legislation.” Asselin v. Town of Conway, 135 N.H. 576, 577 , 607 A.2d 132, 133 (1992) (quotation omitted).

1995“Under the New Hampshire Constitution, a middle tier analysis is employed, and in order for a classification in a zoning ordinance to be constitutional it must be reasonable, not arbitrary, and must rest upon some ground of difference having a fair and substantial relation to the object of the legislation.” Asselin v. Town of Conway, 135 N.H. 576, 577 , 607 A.2d 132, 133 (1992) (quotation omitted).

1988See, e.g., Califano v. Goldfarb, 430 U.S. 199 (1977).

1986See State v. Scoville, 113 N.H. 161, 163-64 , 304 A.2d 366, 368-69 (1973) (“reasonable, not arbitrary [having a] fair and substantial relation” test assumed to be equivalent to rational basis test; classification of seventeen-year-old violators as adult criminals is rational and consistent with constitutional principles).

1986See State v. Scoville, 113 N.H. 161, 163-64 , 304 A.2d 366, 368-69 (1973) (“reasonable, not arbitrary [having a] fair and substantial relation” test assumed to be equivalent to rational basis test; classification of seventeen-year-old violators as adult criminals is rational and consistent with constitutional principles).