10 New Hampshire opinions name it 1 courts 1993–2015 0 in the last five years
The cases below were cited by New Hampshire courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Dow v. Town of Effinghamgreen2 sentences2007“In determining whether an ordinance is a reasonable exercise of the municipality’s police powers and, therefore, can withstand a substantive due process challenge, we have consistently applied the rational basis test.” Id. 2007"In determining whether an ordinance is a reasonable exercise of the municipality's police powers and, therefore, can withstand a substantive due process challenge, we have consistently applied the rational basis test." Id. | 3 | 4 |
Boulders at Strafford, LLC v. Town of Straffordgreen2 sentences2007Boulders at Strafford v. Town of Strafford, 153 N.H. 633, 636 (2006). 2007We recently clarified our analysis under the rational basis test in Boulders at Strafford v. Town of Strafford, 153 N.H. 633,641 (2006): We ... hold that the rational basis test under the State Constitution requires that legislation be only rationally related to a legitimate governmental interest. | 2 | 3 |
Lawrence v. Texasgreen2 sentences2012To support their arguments, both parties rely upon the Supreme Court’s decision in Lawrence v. Texas, 539 U.S. 558, 563, 564 (2003), which concerned a substantive due process challenge to a Texas statute that made it a crime for two people of the same gender to engage in sodomy. 2012The specific constitutional question was “whether the petitioners were free as adults to engage in the private conduct in the exercise of their liberty under the Due Process Clause of the Fourteenth Amendment to the Constitution.” Lawrence, 539 U.S. at 564 ; Cook, 528 F.3d at 49 . | 1 | 1 |
Aime v. Commonwealthgreen1 sentence2012See Aime v. Com., 611 N.E.2d 204, 209 (Mass. 1993) (stating that in substantive due process analysis under Federal Constitution, nature of individual interest at stake determines standard of review courts apply). | 1 | 1 |
Powers v. Town of Hamptongreen1 sentence2002Under this test, we consider whether “the ordinance bears a reasonable relationship to its objective and does not unduly restrict fundamental rights.” Powers v. Town of Hampton, 125 N.H. 273, 276 (1984). | 1 | 1 |
Caspersen v. Town of Lymegreen1 sentence2002A substantive due process challenge to an ordinance questions the fundamental fairness of an ordinance “both generally and in the relationship of the particular ordinance to particular property under particular conditions existing at the time of litigation.” Caspersen v. Town of Lyme, 139 N.H. 637, 642 (1995) (citing 1 E. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Hampshire. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
New Motor Vehicle Bd. of Cal. v. Orrin W. Fox Co.
green
1 sentence2015As the United States Supreme Court explained when examining a substantive due process challenge to the California Automobile Franchise Act, a state legislature is “empowered to subordinate the franchise rights of [motor vehicle] manufacturers to the conflicting rights of their franchisees where necessary to prevent unfair or oppressive trade practices.” Id. at 107 . | 1 | 2015–2015 |
Cook v. Gates
green
1 sentence2012The specific constitutional question was “whether the petitioners were free as adults to engage in the private conduct in the exercise of their liberty under the Due Process Clause of the Fourteenth Amendment to the Constitution.” Lawrence, 539 U.S. at 564 ; Cook, 528 F.3d at 49 . | 1 | 2012–2012 |
State v. Cole
green
1 sentence2007In light of the compelling state interest in protecting the public from the hazards involved with guns, see Cole, 665 N.W.2d at 344 , we agree with numerous courts from other jurisdictions that the reasonableness test is the correct test for evaluating a substantive due process challenge to gun control legislation. | 1 | 2007–2007 |
Town of Chesterfield v. Brooks
green
2 sentences1993Given the presumption that zoning ordinances are valid, see Brooks, 126 N.H. at 68 , 489 A.2d at 603 , we consider whether the evidence supports the trial court’s decision upholding the provision. 1993Given the presumption that zoning ordinances are valid, see Brooks, 126 N.H. at 68 , 489 A.2d at 603 , we consider whether the evidence supports the trial court’s decision upholding the provision. | 1 | 1993–1993 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.