Legal Opinion

Hermer v. Dover

Supreme Court of New Hampshire

Decided December 30, 1965No. 5224PublishedCited by 11 opinions

1Opinion of the CourtKenison, C. J.

This case presents the general question of whether the defendant municipality is liable for damages alleg edly caused the plaintiff because of mistake, negligence or misconduct of the city building inspector in administering a zoning ordinance. Annot. 6 A.L.R. 2d 960, 965-975; 4 McQuillin, Municipal Corporations (3d ed.) s. 12.208, p. 141 (1949).

“A person is charged with knowledge of the zoning restrictions placed on his property, and thus he obtains no vested rights by a building permit issued under a mistake of fact or in violation of law.” Rhyne, Municipal Law, s. 32-25, pp. 891-892…

2Cases cited1 opinion

  1. Osborn v. Town of DarienSupreme Court of Connecticut · 1934

3Cited by11 opinions

  1. Haslund v. City of SeattleWashington Supreme Court · 1976
  2. Cloutier v. Town of EppingCourt of Appeals for the First Circuit · 1983
  3. Sousa v. StateSupreme Court of New Hampshire · 1975
  4. Trottier v. City of LebanonSupreme Court of New Hampshire · 1977
  5. Lively v. City of BlackfootIdaho Supreme Court · 1966

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