7 New Hampshire opinions name it 1 courts 1984–2008 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 |
|---|---|---|
Garrison v. Town of Hennikergreen2 sentences2008We have stated that to satisfy the uniqueness factor an applicant “must show that the hardship is a result of specific conditions of the property and not the area *527 in general.” Garrison, 154 N.H. at 32 (quotations omitted). “[T]he burden cannot arise as a result of the zoning ordinance’s equal burden on all property in the district.” Id. at 32-33 (quotation omitted). 2008We have stated that to satisfy the uniqueness factor an applicant “must show that the hardship is a result of specific conditions of the property and not the area *527 in general.” Garrison, 154 N.H. at 32 (quotations omitted). “[T]he burden cannot arise as a result of the zoning ordinance’s equal burden on all property in the district.” Id. at 32-33 (quotation omitted). | 1 | 1 |
Rancourt v. City of Manchestergreen1 sentence2004The first prong of the hardship test is now met when special conditions of the land, itself render the use for which the variance is sought “reasonable,” Rancourt v. City of Manchester, 149 N.H. 51, 53-54 (2003), and the ordinance interferes with that use, Simplex, 145 N.H. at 731-32 . | 1 | 1 |
Matthew v. Smithgreen1 sentence2004This means that the decision to grant or deny a variance usually turns on the hardship condition, e.g., Matthew v. Smith, 707 S.W.2d 411, 416 (Mo. 1986) (recognizing that “[although all the requirements must be satisfied, it is generally held that unnecessary hardship is the principal basis on which a variance is granted” (quotation and brackets omitted)). | 1 | 1 |
New London Land Use Ass'n v. New London Zoning Board of Adjustmentgreen2 sentences1992On the other hand, “enlargement or expansion may not be substantial....” New London Land Use Assoc. v. New London Zoning Board, 130 N.H. 510, 516 , 543 A.2d 1385, 1388 (1988). “[I]n order to determine how much a nonconforming use may be expanded or changed, we must look to the facts existing when the nonconforming use was created. 1992On the other hand, “enlargement or expansion may not be substantial....” New London Land Use Assoc. v. New London Zoning Board, 130 N.H. 510, 516 , 543 A.2d 1385, 1388 (1988). “[I]n order to determine how much a nonconforming use may be expanded or changed, we must look to the facts existing when the nonconforming use was created. | 1 | 1 |
Town of Hampton v. Brustgreen2 sentences1992The defendants next argue that, independent of the hardship requirement, the owner of a nonconforming use has a right to “[develop the] nonconforming use in a way that results in a mere intensification of the use that reflects a natural expansion and growth of trade.” Town of Hampton v. Brust, 122 N.H. 463, 469 , 446 A.2d 458, 461 (1982). 1992The defendants next argue that, independent of the hardship requirement, the owner of a nonconforming use has a right to “[develop the] nonconforming use in a way that results in a mere intensification of the use that reflects a natural expansion and growth of trade.” Town of Hampton v. Brust, 122 N.H. 463, 469 , 446 A.2d 458, 461 (1982). | 1 | 1 |
Peter Salvucci & Sons, Inc. v. Stategreen2 sentences1984Such additional compensation cannot be awarded for ‘it is a basic rule of contract law that one who has contracted to do a thing for a stated price will not be entitled to extra compensation on account of encountering difficulties which have not been provided against in the contract.’ Salvucci v. State, [ 110 N.H. 136, 147 , 268 A.2d 899, 906 (1970)].” Zoppo argues that in relying on Salvucci , the master erred as a matter of law inasmuch as the master’s ruling ignores the equitable adjustment clause and the ameliorative effect that clause was meant to provide when unexpected hardship resultin 1984Such additional compensation cannot be awarded for ‘it is a basic rule of contract law that one who has contracted to do a thing for a stated price will not be entitled to extra compensation on account of encountering difficulties which have not been provided against in the contract.’ Salvucci v. State, [ 110 N.H. 136, 147 , 268 A.2d 899, 906 (1970)].” Zoppo argues that in relying on Salvucci , the master erred as a matter of law inasmuch as the master’s ruling ignores the equitable adjustment clause and the ameliorative effect that clause was meant to provide when unexpected hardship resultin | 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 |
|---|---|---|
Hill v. Town of Chester
green
1 sentence2005Id. at 293 . | 1 | 2005–2005 |
Simplex Technologies, Inc. v. Town of Newington
green
2 sentences2004We would reach the unnecessary hardship issue because, as Simplex recognized, of all the conditions that must be met before a variance is granted, “the hardship requirement is the most difficult.” Id. at 730 . 2004The first prong of the hardship test is now met when special conditions of the land, itself render the use for which the variance is sought “reasonable,” Rancourt v. City of Manchester, 149 N.H. 51, 53-54 (2003), and the ordinance interferes with that use, Simplex, 145 N.H. at 731-32 . | 1 | 2004–2004 |
Margate Motel, Inc. v. Town of Gilford
green
2 sentences1989“The size and dimensions of a parcel do not create an unnecessary hardship when the land could still be used for the purposes permitted by the zoning ordinance,” Margate Motel, 130 N.H. at 94 , 534 A.2d at 719 , as the plaintiff’s parcel still can be. 1989“The size and dimensions of a parcel do not create an unnecessary hardship when the land could still be used for the purposes permitted by the zoning ordinance,” Margate Motel, 130 N.H. at 94 , 534 A.2d at 719 , as the plaintiff’s parcel still can be. | 1 | 1989–1989 |
Eleanor Groper v. Barry P. Taff
green
2 sentences1987Although in that case the hardship exception of DR 5-102(A) was held not applicable, Groper was, unlike the case at bar, “a relatively straightforward ... case,” id. at 1419 , in which “neither the contested issues nor the factual background [were] particularly complex.” Id. 1987Although in that case the hardship exception of DR 5-102(A) was held not applicable, Groper was, unlike the case at bar, “a relatively straightforward ... case,” id. at 1419 , in which “neither the contested issues nor the factual background [were] particularly complex.” Id. | 1 | 1987–1987 |
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.