Legal Opinion

J.E.D. Associates, Inc. v. Town of Atkinson

Supreme Court of New Hampshire

Decided June 26, 1981No. 80-361PublishedCited by 33 opinions

1Opinion of the CourtGrimes, C.J.

The issues in this appeal are whether section IV, paragraph H of the Atkinson zoning ordinance (regulation H), which requires every subdeveloper to deed to the town seven and one-half percent of the total acreage of its proposed subdivision as a condition of subdivision approval, is constitutional and whether the Atkinson Planning Board’s requirement that the plaintiff sub-developer bear the cost of removing a sight-obstructing off-site ledge is reasonable.

The plaintiff is the owner of a 22.64-acre tract of land in Atkinson. It filed an application for subdivision approval with the town…

2Cases cited5 opinions

  1. Metzger v. Town of BrentwoodSupreme Court of New Hampshire · 1977
  2. Patenaude v. Town of MeredithSupreme Court of New Hampshire · 1978
  3. Land/Vest Properties, Inc. v. Town of PlainfieldSupreme Court of New Hampshire · 1977
  4. Robbins Auto Parts, Inc. v. City of LaconiaSupreme Court of New Hampshire · 1977
  5. Short v. Town of RyeSupreme Court of New Hampshire · 1981

3Cited by33 opinions

  1. Nollan v. California Coastal CommissionSupreme Court of the United States · 1987
  2. Dolan v. City of TigardSupreme Court of the United States · 1994
  3. Ehrlich v. City of Culver CityCalifornia Supreme Court · 1996
  4. Seawall Associates v. City of New YorkNew York Court of Appeals · 1989
  5. Burrows v. City of KeeneSupreme Court of New Hampshire · 1981

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