relative hardship doctrine (New Jersey) · Go Syfert
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relative hardship doctrine in New Jersey

9 New Jersey opinions name it 2 courts 1957–2026 2 in the last five years

The cases below were cited by New Jersey 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.

Followed or applied (6)

CaseFollowedCited
Gray v. Howellgreen
mass · 1935 · cited in 2 New Jersey opinions naming this issue, 1957–1957
2 sentences

1957Gray v. Howell, 292 Mass. 400 , 198 N. E. 516, 517 (Sup. Jud.

1957Gray v. Howell, 292 Mass. 400 , 198 N. E. 516, 517 (Sup. Jud.

22
Motley v. Borough of Seaside Park Zoning Board of Adjustmentgreen
njsuperctappdiv · 2013 · cited in 1 New Jersey opinions naming this issue, 2026–2026
1 sentence

2026The doctrine of relative hardship is "an equitable doctrine." Motley v. Borough of Seaside Park Zoning Bd. of Adjustment, 430 N.J.

11
Szymczak v. LaFerraragreen
njsuperctappdiv · 1995 · cited in 1 New Jersey opinions naming this issue, 2026–2026
1 sentence

2026A court may appropriately apply the relative hardship doctrine "where both parties are personally blameless, an injunction works a great hardship on the encroacher, and money damages suffice for the victim." Szymczak v. LaFerrara, 280 N.J.

11
Hill v. Bd. of Adjust., Bor. of Eatontowngreen
njsuperctappdiv · 1972 · cited in 1 New Jersey opinions naming this issue, 2013–2013
2 sentences

2013Applying the doctrine of relative hardship in Hill, supra, 122 N.J.Super. at 164, 299 A.2d 737 , we noted that the homeowners m that case would be forced to destroy the improvements that they had made before the litigation was brought.

2013Applying the doctrine of relative hardship in Hill, supra, 122 N.J.Super. at 164, 299 A.2d 737 , we noted that the homeowners m that case would be forced to destroy the improvements that they had made before the litigation was brought.

11
Rossi v. Sierchiogreen
njsuperctappdiv · 1954 · cited in 1 New Jersey opinions naming this issue, 1957–1957
1 sentence

1957In our view, therefore, the doctrine of relative hardship, as above expounded, is supportable as "the more equitable view." Rossi v. Sierchio, 30 N.J.

11
Higbee & Riggs v. Camden & Amboy Railroad & Transportation Co.green
njch · 1870 · cited in 1 New Jersey opinions naming this issue, 1957–1957
1 sentence

1957Co., 20 N.J.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Gilpin v. Jacob Ellis Realties, Inc. green
njsuperctappdiv · 1957
2 sentences

1990Invoking the “doctrine of relative hardship,” the Appellate Division held that the differences in these two figures were “so grossly disproportionate in amount as to justify the denial of the mandatory injunction.” 47 N.J.Super. at 35-36 , 135 A.2d 204 .

1981It also may involve application of the doctrine of relative hardship, under which such an injunction may be denied where the benefit to plaintiff, if it were issued, would be "grossly less than the expense which would thereby be put to the defendant in carrying out the injunction." Id. at 31 .

41964–2026
Tide-Water Pipe Co. v. Blair Holding Co. Inc. green
nj · 1964
1 sentence

1975This case was cited with approval in the Tide-Water Pipe case, supra 42 N.J. at 600 . *31 The foregoing New Jersey decisions recognize and apply the general principles of easement law.

11975–1975

Where else courts name it

AL 14 (1996–2026) CA 9 (1952–2022) NJ 9 (1957–2026) HI 5 (1999–2025) NY 3 (1964–1967) SD 3 (1998–2016) CO 2 (1981–2014)

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.

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