Simplex Technologies, Inc. v. Town of Newington
New Hampshire Supreme Court
766 A.2d 713 (2001)
Simplex (plaintiff) owned industrially zoned land that had become surrounded by commercial development after the opposite side of its road was rezoned commercial, and sought a variance to commercially develop a portion of its property abutting the road; the zoning board denied the variance under the older, stricter unnecessary-hardship standard, and the superior court affirmed.
Whether establishing unnecessary hardship for a variance application requires proof that the zoning restriction interferes with reasonable use of the property, that no fair and substantial relationship exists between the ordinance's general purpose and the specific restriction, and that the variance would not harm the public or private rights of others.