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eBook details

• Title: Ronald Eden v. Dennis Spaulding
• Author : Supreme Court of Nebraska
• Release Date : January 21, 1984
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 63 KB

Description

In this declaratory judgment proceeding (RSA 491:22) the plaintiff seeks to ascertain the validity of a conditional variance applicable to its premises which is subject to a one-year nontransferable permit issuable to it or its lessee and renewable if the owner or lessee complies with all the conditions of the permit. The validity of such conditional variance, coupled with an annual permit, is a matter of first impression in this jurisdiction. Cf. Mater v. Dover, 97 N.H. 13, 16. A good nutshell introduction to this problem without, however, any accompanying solution, is found in Horack and Van Nolan, Land Use Controls (1955) p. 184: "The most controversial condition limits the variance to a specific person. Although courts usually strike down such a limitation on the ground that it is unreasonable and discriminatory and the grant of a special privilege, in the actual administration of a zoning ordinance there is much justification for this restriction because of a boards confidence in the good reputation, capacity, and reliability of particular persons. On the other hand, isnt the argument valid that zoning ordinances apply to land and not to individuals?"

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