Cited by
Opinions in New Hampshire that cite Governor's Island Club, Inc. v. Town of Gilford, 467 A.2d 246.
-
Brandt Development Co. v. City of Somersworth
34 A.3d 593
N.H. 2011
In 1994, when Brandt first applied for a variance, the unnecessary hardship standard for obtaining a variance required applicants to show a deprivation “so great as to effectively prevent the owner from making any reasonable use of the land.” Governor’s Island Club v. Gilford, 124 N.H. 126, 130 (1983).
-
Harborside Associates, L.P. v. Parade Residence Hotel, LLC
34 A.3d 584
N.H. 2011
See, e.g., Governor’s Island Club v. Town of Gilford, 124 N.H. 126, 130 (1983); see also Laws 2009, 307:5 (statement of legislative intent that second definition mirror pre-Simplex test for unnecessary hardship “as exemplified by cases such as Governor’s Island”).
-
Sutton v. Town of Gilford
992 A.2d 709
N.H. 2010
Governor’s Island Club v. Town of Gilford, 124 N.H. 126 (1983), abrogated by Simplex Technologies v. Town of Newington, 145 N.H. 727 (2001).
-
Garrison v. Town of Henniker
907 A.2d 948
N.H. 2006
Governor’s Island Club v. Town of Gilford, 124 N.H. 126, 130 (1983), abrogated by Simplex, 145 N.H. at 731.
-
Boccia v. City of Portsmouth
855 A.2d 516
N.H. 2004
Governor’s Island Club v. Town of Gilford, 124 N.H. 126, 130 (1983); Grey Rocks Land Trust v. Town of Hebron, 136 N.H. 239, 243-44 (1992).
-
Rancourt v. City of Manchester
816 A.2d 1011
N.H. 2003
at 730; see Governor’s Island Club v. Town of Gilford, 124 N.H. 126, 130 (1983).
-
Simplex Technologies, Inc. v. Town of Newington
766 A.2d 713
N.H. 2001
Governor’s Island Club v. Gilford, 124 N.H. 126, 130, 467 A.2d 246, 248 (1983).
-
Olszak v. Town of New Hampton
661 A.2d 768
N.H. 1995
The concept of unnecessary hardship “is a narrow one.” Governor’s Island Club v. Town of Gilford, 124 N.H. 126, 130, 467 A.2d 246, 248 (1983).
-
Husnander v. Town of Barnstead
660 A.2d 477
N.H. 1995
truct a dwelling of the same size, she contends that “the odd-shaped result from such construction would make the -living space dysfunctional.” Hardship warranting the grant of a variance exists where “the deprivation resulting from application of the ordinance [is] so great as to effectively prevent the owner from making any reasonable use of the land.” Governor’s Island Club v. Town of Gilford, 124 N.H. 126, 130, 467 A.2d 246, 248 (1983).
-
Grey Rocks Land Trust v. Town of Hebron
614 A.2d 1048
N.H. 1992
Governor’s Island Club v. Town of Gilford, 124 N.H. 126, 130, 467 A.2d 246, 248 (1983).
-
Crossley v. Town of Pelham
578 A.2d 319
N.H. 1990
Governor’s Island Club v. Town of Gilford, 124 N.H. 126, 130, 467 A.2d 246, 248 (1983).
-
Devaney v. Town of Windham
564 A.2d 454
N.H. 1989
Governor’s Island Club v. Town of Gilford, 124 N.H. 126, 129, 467 A.2d 246, 248 (1983).
-
Rowe v. Town of North Hampton
553 A.2d 1331
N.H. 1989
An unnecessary hardship “exists when an ordinance unduly restricts the use to which land may be put,” Governor’s Island Club v. Town of Gilford, 124 N.H. 126, 130, 467 A.2d 246, 248 (1983), and when the deprivation resulting from the application of the ordinance effectively prevents the owner from making any reasonable use of the property, id.
-
Margate Motel, Inc. v. Town of Gilford
534 A.2d 717
N.H. 1987
decision is unreasonable.” RSA 677:6; see Governor’s Island Club v. Town of Gilford, 124 N.H. 126, 129, 467 A.2d 246, 247-48 (1983).
-
Saturley v. Town of Hollis
533 A.2d 29
N.H. 1987
is a narrow one,” Governor’s Island Club v. Town of Gilford, 124 N.H. 126, 130, 467 A.2d 246, 248 (1983), and the standard for determining unnecessary hardship is whether the “use of the particular property is unduly restricted by the zoning ordinance because of special conditions unique to that property which distinguish it from all others similarly restricted,” Ouimette v. City of Somers
-
Alexander v. Town of Hampstead
525 A.2d 276
N.H. 1987
“[Hardship exists when an ordinance unduly restricts the use to which land may be put.” Governor’s Island Club v. Town of Gilford, 124 N.H. 126, 130, 467 A.2d 246, 248 (1983).
-
Labrecque v. Town of Salem
514 A.2d 829
N.H. 1986
‘“(1) no diminution in value of surrounding properties would be suffered; (2) granting the permit would be of benefit to the public interest; (3) denial of the permit would result in unnecessary hardship to the owner seek *458 ing it; (4) granting the permit would do substantial justice; (5) the use must not be contrary to the spirit of the ordinance.’” Governor's Island Club v. Town of Gilford, 124 N.H. 126, 129, 467 A.2d 246, 247 (1983) (quoting Ryan v. City of Manchester Zoning Board, 123 N.H
-
PMC Realty Trust v. Town of Derry
480 A.2d 51
N.H. 1984
1, 1984), and which we restated recently in Governor’s Island Club v. Town of Gilford, 124 N.H. 126, 129, 467 A.2d 246, 247 (1983).