Bacon v. Town of Enfield

NADEAU, J.,

with whom

BROCK, C.J., retired, specially assigned under RSA 490:3, joins, dissenting.

We dissent because we disagree with Chief

Justice Broderick’s conclusion that Bacon’s use violates the spirit of the ordinance, and because we believe that the special concurrence has misinterpreted the unnecessary hardship test.

Although the trial court found that granting Bacon’s variance “would have some effect on the public rights of others in that it increases congestion along the shoreline and reduces minimally the filtration of runoff into the lake,” we disagree that these findings, without…