Cited by

10 applied this provision to the regulation of land, holding that a regulation “effects an unconstitutional taking” where “its application to a particular parcel denies the owner an economically viable use of his or her land.” Quirk v. Town of New Boston, 140 N.H. 124, 130 (1995) (quotation omitted).

We conclude that these arguments either were not preserved below, Quirk v. Town of New Boston, 140 N.H. 124, 128 (1995), not developed sufficiently to warrant our review, In the Matter of Aube, 158 N.H. 459, 466 (2009), or are, under the circumstances of this case, without merit, and do not warrant further discussion, Vogel v. Vogel, 137 N.H. 321, 322 (1993).

tection challenge); or (3) adopting a heightened level of review, see, e.g., Caspersen v. Town of Lyme, 139 N.H. 637, 645-46, 661 A.2d 759 (1995) (Brock, C.J., concurring specially) (suggesting that given an appropriate occasion, we should review our holding that substantive due process challenges to zoning ordinances are evaluated under the rational basis standard); Quirk v. Town of New Boston, 140 N.H. 124, 129, 663 A.2d 1328 (1995) (refusing to reconsider the level of review that should be ap

Compare Verizon New England, 151 N.H. at 270 (rational basis), with Quirk v. Town of New Boston, 140 N.H. 124, 132 (1995) (burden of proof on challenger under intermediate scrutiny), and Jensen’s, Inc., 130 N.H. at 768 (presume legislation valid under intermediate scrutiny).

even then, the cases cited in Boulders’ memorandum of law below — Dow and Quirk v. Town of New Boston, 140 N.H. 124 (1995) — make reference to or apply both the substantive due process and equal protection standards, thus leaving it uncertain as to what type of claim Boulders had raised.

at 125; see also Quirk v. Town of New Boston, 140 N.H. 124, 129 (1995).

cf. Quirk v. Town of New Boston, 140 N.H. 124, 130 (1995); De-Tom Enterprises, Inc. v. U.S., 552 F.2d 337, 339-40 (Ct. Cl.

Quirk v. Town of New Boston, 140 N.H. 124, 131 (1995); see also State v. Reid, 135 N.H. 376 (1992).

Caspersen, 139 N.H. at 646 (Brock, C.J., concurring) (suggesting that given an appropriate occasion, we should review our holding that substantive due process challenges to zoning ordinances are evaluated under the rational basis standard); see also Quirk v. Town of New Boston, 140 N.H. 124, 129 (1995).

Quirk v. Town of New Boston, 140 N.H. 124, 128 (1995); see also State v. Porter, 144 N.H. 96, 100-01 (1999) (rules regarding preservation of issues on appeal not relaxed for pro se litigants).

Quirk v. Town of New Boston, 140 N.H. 124 (1995); State v. Mountjoy, 142 N.H. 648 (1998).

The intervenors’ remaining contentions are not addressed because they either were not preserved below, Quirk v. Town of New Boston, 140 N.H. 124, 128 (1995), or lack merit and warrant no further review, Vogel v. Vogel, 137 N.H. 321, 322 (1993).

Quirk v. Town of New Boston, 140 N.H. 124, 128, 663 A.2d 1328, 1331 (1995); see also State v. Porter, 144 N.H. 96, 100-01, 738 A.2d 1271, 1275 (1999) (rules regarding preservation of issues on appeal not relaxed for pro se litigants).

“On appeal, we sustain the findings and rulings of the trial court unless they are lacking in evidential support or tainted by error of law.” Quirk v. Town of New Boston, 140 N.H. 124, 128, 663 A.2d 1328, 1331 (1995) (quotation omitted).

Finally, we do not address the plaintiff’s remaining arguments because either the record before us does not demonstrate that they were argued before the trial court, and thus we deem them waived, *41 Quirk v. Town of New Boston, 140 N.H. 124, 128, 663 A.2d 1328, 1331 (1995), or they lack merit and warrant no further discussion, Vogel v. Vogel, 137 N.H. 321, 322, 627 A.2d 595, 596 (1993).

“On appeal, we sustain the findings and rulings of the trial court unless they are lacking in evidential support or tainted by error of law.” Quirk v. Town of New Boston, 140 N.H. 124, 128, 663 A.2d 1328, 1331 (1995) (quotation omitted).

Quirk v. Town of New Boston, 140 N.H. 124, 128, 663 A.2d 1328, 1331 (1995).

Quirk v. Town of New Boston, 140 N.H. 124, 133, 663 A.2d 1328, 1335 (1995).