Britton v. Town Of Chester

134 N.H. 434, 595 A.2d 492 (1991)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

The Town of Chester (D) was a residential 'bedroom' community consisting primarily of single-family housing. Pursuant to enabling legislation enacted by the state, which allowed municipalities to pass zoning ordinances 'for the purpose of promoting the health, safety, or the general welfare of the community,' D enacted a zoning ordinance which allowed for single-family housing on two-acre lots, and duplex housing on three-acre lots. In 1986, D amended the ordinance to provide for multi-family zoning. The areas zoned for multi-family housing were such that only about one-half of the land was suitable for building. Further, a developer who wished to build multi-family housing was required to obtain the approval of D's planning board for a determination that the project meets the objectives and purposes set forth in the ordinance. At D's option, the developer would also be required to pay for engineers, hydrologists, and other professionals to evaluate the proposal's compliance with the ordinance. A group of low- and moderate-income individuals, as well as a builder, (P) sued D in 1985 challenging the zoning ordinance. After a hearing, the master recommended judgment for P. D appeals, arguing that the enabling act does not require it to zone for low-income housing and that it is not required to consider the needs of the greater region.