Win-Tasch Corp. v. Town of Merrimack

The question in this case is whether we should uphold a superior court order vacating the Merrimack Zoning Board of Adjustment’s denial of the plaintiff’s right to build houses on its property.

On November 10, 1964, the town of Merrimack adopted a zoning ordinance setting 15,000 square feet as the minimum lot size for single-family, residential housing. The measure contained the following grandfather clause:

Notwithstanding the minimum lot area requirements set forth in Section 2 of this Article, a single-family residence may be constructed on a lot which does not comply with said requirements,…