Rochester v. Barcomb

I. Counsel for the defendants states in his brief that they “are not attacking the validity of the ordinance on procedural grounds, but are attacking it on substantive grounds.” The essence of their claim on this phase of the matter is that the ordinance bore no relationship to the public interest and welfare nor did it contain a comprehensive zoning plan for the community, which are essential to the validity of the enactment. Kimball v. Blanchard, 90 N. H. 298; 36 B. U. Law Rev. 354, 393-396.

To establish their position the defendants rely substantially on the statement made by councilor…