Legal Opinion

McKenzie v. Town of Eaton Zoning Board of Adjustment

Supreme Court of New Hampshire

Decided January 31, 2007No. 2005-778PublishedCited by 9 opinions

1Opinion of the CourtGalway, J.

The defendant, the Town of Eaton Zoning Board of Adjustment (ZBA), and the intervenor, Nancy Burns, appeal a ruling,of the Superior Court (Fauver, J.) that upheld the constitutionality of an ordinance enacted by the Town. We affirm.

The record supports the following. In 1981, the town issued a building permit to Burns, allowing her to place a storage shed fifty-nine feet from the shore of a lake abutting her property. In 1989, the town increased the setback requirements to 125 feet from the shore of the lake, thus making the shed nonconforming with the zoning ordinance. Also in 1989, the town…

2Cases cited17 opinions

  1. Toys" R" US v. SilvaNew York Court of Appeals · 1996
  2. Bean v. Red Oak Property Management, Inc.Supreme Court of New Hampshire · 2004
  3. Baines v. New Hampshire Senate PresidentSupreme Court of New Hampshire · 2005
  4. LaMontagne Builders, Inc. v. Bowman Brook Purchase GroupSupreme Court of New Hampshire · 2003
  5. North Country Environmental Services, Inc. v. Town of BethlehemSupreme Court of New Hampshire · 2004

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3Cited by9 opinions

  1. Dent v. Exeter Hospital, Inc.Supreme Court of New Hampshire · 2007
  2. State v. HollenbeckSupreme Court of New Hampshire · 2012
  3. Sutton v. Town of GilfordSupreme Court of New Hampshire · 2010
  4. Ocasio v. Federal Express Corp.Supreme Court of New Hampshire · 2011
  5. State v. Heidi C. Lilley The State of New Hampshire Kia Sinclair The State of New Hampshire v. Ginger M. PierroSupreme Court of New Hampshire · 2019

4 more not listed; retrieve them via the Exa API.

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