Simplex Technologies, Inc. v. Town of Newington

766 A.2d 713 (2001)

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Simplex Technologies, Inc. v. Town of Newington

New Hampshire Supreme Court
766 A.2d 713 (2001)

SC

Facts

Simplex Technologies, Inc. (plaintiff) owned a 92-acre parcel of land in the Town of Newington (defendant) between a river and Woodbury Avenue. Simplex’s land was zoned for industrial use, and Simplex used the land to operate a manufacturing plant. The other side of Woodbury Avenue had been rezoned for commercial use. Eventually Simplex’s property became surrounded by commercial properties. Simplex sought a variance seeking to commercially develop 6.2 of its acres that abutted Woodbury Avenue. The Newington Zoning Board of Adjustment denied the variance application. The superior court affirmed the denial. Simplex appealed.

Rule of Law

Issue

Holding and Reasoning (Nadeau, J.)

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