Cited by
Opinions in New Hampshire that cite Chester Rod & Gun Club, Inc. v. Town of Chester, 883 A.2d 1034.
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New Hampshire Alpha of SAE Trust v. Town of Hanover
207 A.3d 219
N.H. 2019
See, e.g., Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 583 (2005).
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Walter Donovan v. Town of Piermont
N.H. 2016
Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 583 (2005).
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Merriam Farm, Inc. v. Town of Surry
125 A.3d 362
N.H. 2015
RSA 674:33 (Supp. 2014); see also Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 583-84 (2005) (remanding to ZBA to determine, in first instance, whether requirements necessary for grant of variance were met and determining that trial court erred, in part, by ordering ZBA to grant variance where ZBA had made no findings as to certain variance requirements).
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Hannaford Bros. v. Town of Bedford
64 A.3d 951
N.H. 2013
The petitioner argues that “because this comparison occurred in the context of the ‘spirit of the ordinance’ ” analysis (rather than the “unnecessary hardship” analysis based upon the property’s unique physical conditions, see Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 580 (2005)), the ZBA created a policy-setting and precedential interpretation that “will form the basis of future determinations about variances from the 40,000 square foot requirement,” thereby limiting the peti
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Bartlett v. City of Manchester
62 A.3d 855
N.H. 2013
Chester Rod and Gun Club v. Town of Chester, 152 N.H. 577, 583 (2005) (“When reviewing a decision of a zoning board of adjustment, the superior court acts as an appellate body, not as a fact finder”).
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Brandt Development Co. v. City of Somersworth
34 A.3d 593
N.H. 2011
Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 580 (2005).
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Harborside Associates, L.P. v. Parade Residence Hotel, LLC
34 A.3d 584
N.H. 2011
Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 581 (2005).
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Saunders v. Town of Kingston
8 A.3d 89
N.H. 2010
Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 580 (2005) (quotation, citations and brackets omitted).
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Farrar v. City of Keene
973 A.2d 326
N.H. 2009
Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 580 (2005).
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Auger v. TOWN OF STRAFFORD
972 A.2d 1066
N.H. 2009
Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 583 (2005) (concerning appeal from the zoning board of adjustment).
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Continental Paving, Inc. v. Town of Litchfield
969 A.2d 467
N.H. 2009
Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 580 (2005) (quotation, citation and brackets omitted).
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Taylor v. Town of Wakefield
959 A.2d 217
N.H. 2008
Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 580 (2005).
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Guy v. Town of Temple
956 A.2d 272
N.H. 2008
Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 580 (2005).
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NINE A, LLC v. Town of Chesterfield
950 A.2d 197
N.H. 2008
The requirement that the variance not be “contrary to the public interest” is “related to the requirement that the variance be consistent with the spirit of the ordinance.” Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 580 (2005).
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Severance v. Town of Epsom
923 A.2d 1057
N.H. 2007
Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 580 (2005).
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Kalil v. Town of Dummer Zoning Board of Adjustment
922 A.2d 672
N.H. 2007
The plaintiffs, citing Vigeant v. Town of Hudson, 151 N.H. 747, 750-51 (2005), contend both that the superior court erred by failing to review the evidence in the record and that we should overrule our decisions in Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 583 (2005), and Lone Pine Hunters’ Club v. Town of Hollis, 149 N.H. 668, 670-71 (2003), to the extent that those cases hold “that superior courts are precluded from weighing the evidence.” We disagree.
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Kalil v. TOWN OF DUMMER ZONING BD.
922 A.2d 672
N.H. 2007
The plaintiffs, citing Vigeant v. Town of Hudson, 151 N.H. 747, 750-51, 867 A.2d 459 (2005), contend both that the superior court erred by failing to review the evidence in the record and that we should overrule our decisions in Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 583, 883 A.2d 1034 (2005), and Lone Pine Hunters' Club v. Town of Hollis, 149 N.H. 668, 670-71, 826 A.2d 582 (2003), to the extent that those cases hold "that superior courts are precluded from weighing the evi
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Malachy Glen Associates, Inc. v. Town of Chichester
920 A.2d 1192
N.H. 2007
Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 583 (2005).
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Blagbrough Family Realty Trust v. a & T Forest Products, Inc.
917 A.2d 1221
N.H. 2007
Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 580 (2005).
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Community Resources for Justice, Inc. v. City of Manchester
917 A.2d 707
N.H. 2007
“It may set aside a ZBA decision if it finds by the balance of probabilities, based on the evidence before it, that the ZBA’s decision was unreasonable.” Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 580 (2005) (quotation and brackets omitted).
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Robinson v. Town of Hudson
914 A.2d 239
N.H. 2006
Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 580 (2005).
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Greenland Conservation Commission v. New Hampshire Wetlands Council
913 A.2d 776
N.H. 2006
Chester Rod & Gun Club v. Town of Chester, 152 N.H. 577, 583-84 (2005).