New London v. Leskiewicz

26 Citing cases

  1. Rod v. Town of Peterborough

    No. 2023-0538 (N.H. Oct. 25, 2024)

    [¶ 9] On appeal, the Club argues that: (1) the trial court erred in affirming the ZBA and planning board decisions because those decisions were based upon "an illegal and unconstitutional 'zoning determination' made by the [CEO]"; (2) the ZBA and the trial court "failed to apply the criteria for a change of use pursuant to New London v. Leskiewicz, 110 N.H. 462, 467 (1970)"; (3) the trial court erred in upholding the ZBA's decision that it lacked subject matter jurisdiction to hear the Club's special exception application; (4) the Town's 2019 zoning ordinance amendment requiring shooting ranges to be in enclosed, indoor facilities is preempted by RSA 159:26, I, and RSA chapter 159-B; and (5) section 245-4 of the Town's zoning ordinance "illegally regulates constitutionally protected activity." (Capitalization and bolding omitted.)

  2. Hannaford Bros. Co. v. Town of Bedford

    164 N.H. 764 (N.H. 2013)   Cited 5 times
    Explaining that, to establish standing, an injury cannot be speculative

    Yet, a variance by definition grants authority to the owner to use its property in a manner that otherwise contravenes generally-applicable zoning ordinances. See New London v. Leskiewicz, 110 N.H. 462, 466, 272 A.2d 856 (1970). In effect, the petitioner argues that any business should be permitted to challenge the validity of any ZBA decision to grant a variance to a competitor.

  3. Town of Carroll v. Rines

    164 N.H. 523 (N.H. 2013)   Cited 10 times

    Accordingly, in the absence of a variance, excavation in the R–B district is generally prohibited. See New London v. Leskiewicz, 110 N.H. 462, 466, 272 A.2d 856 (1970) (defining variance as the "authority granted to the owner to use his property in a manner otherwise violative of the zoning regulations"). Nor is the variance requirement limited to gravel pits, as asserted by the respondent.

  4. Cohen v. Duncan

    970 A.2d 550 (R.I. 2009)   Cited 65 times
    Determining that the renovations to the decks, stairs and parking lot were not "significant physical changes"

    "The fact that improved and more efficient or different instrumentalities are used in the operation of the use" does not change the use when the nature and purpose of the use remains the same and the instrumentalities merely make the use available to the owners. New London v. Leskiewicz, 110 N.H. 462, 272 A.2d 856, 860 (1970) (remanding case for consideration whether renting camping spaces to trailers enlarged or changed the use of picnic and camping park); see also People v. Emigrant Industrial Savings Bank, 261 A.D. 402, 404-05, 25 N.Y.S.2d 605 (1941) (removal of building formerly storing automobiles and subsequent clearing of land for parking automobiles is not a change in use). Adding new paving, providing for runoff, and installing lights and walkways are all related to Newport's safety and maintenance concerns as set forth in the ordinances pertaining to development plan review procedure.

  5. Severance v. Town of Epsom

    155 N.H. 359 (N.H. 2007)   Cited 2 times
    Explaining that, where an ordinance defines the terms in issue, those definitions will govern

    We are mindful that, in determining whether an activity is within the scope of a permitted nonconforming use, consideration must be given to the particular facts of the case, the terms of the particular ordinance, and the effect that the increased use will have on other property. Frost, 231 A.2d at 448; see also New London v. Leskiewicz, 110 N.H. 462, 467, 272 A.2d 856 (1970). The trial court properly applied the town's zoning ordinance in determining that in this particular case, a change from seasonal to year-round occupancy did not constitute a substantial change.

  6. Bio Energy, LLC v. Town of Hopkinton

    153 N.H. 145 (N.H. 2005)   Cited 6 times
    Holding that RSA chapter 125–C, which consists of twenty-one sections defining and establishing in detail a statewide permitting program to monitor ambient air quality throughout the State, constitutes a comprehensive and detailed regulatory scheme preempting the field of air pollution control in this State

    "The burden of establishing that the use in question is fundamentally the same use and not a new and impermissible one is on the party asserting it." New London v. Leskiewicz, 110 N.H. 462, 467 (1970). In deciding whether the particular activity is within the scope of the established or acquired nonconforming use consideration may be given to, among others, the following factors: (1) to what extent does the use in question reflect the nature and purpose of the prevailing nonconforming use; (2) is it merely a different manner of utilizing the same use or does it constitute a use different in character, nature and kind; [and] (3) does this use have a substantially different effect on the neighborhood.

  7. Peabody v. Town of Windham

    142 N.H. 488 (N.H. 1997)   Cited 14 times

    The well drilling business predated zoning restrictions prohibiting its existence, and therefore, it operated as a lawful, nonconforming use. See New London v. Leskiewicz, 110 N.H. 462, 465, 272 A.2d 856, 859 (1970). The plaintiffs acquired the rights to the nonconforming use when they purchased the property.

  8. Conforti v. City of Manchester

    141 N.H. 78 (N.H. 1996)   Cited 6 times
    Establishing substantial similarity requires more than broad assertion that use is generically similar to prevailing nonconforming use

    The burden of establishing that the use in question is fundamentally the same use and not a new and impermissible one is on the party asserting it." New London v. Leskiewicz, 110 N.H. 462, 467, 272 A.2d 856, 860 (1970). In deciding whether the particular activity is within the scope of the established or acquired nonconforming use consideration may be given to, among others, the following factors: (1) to what extent does the use in question reflect the nature and purpose of the prevailing nonconforming use; (2) is it merely a different manner of utilizing the same use or does it constitute a use different in character, nature and kind; (3) does this use have a substantially different effect on the neighborhood.

  9. Geiss v. Bourassa

    670 A.2d 1038 (N.H. 1996)   Cited 7 times

    05 (special exception provided for by ordinance is a permitted use when approved). Strictly speaking, then, the trial court erred in applying the review standard appropriate to the scope of variances or nonconforming uses, see New London v. Leskiewicz, 110 N.H. 462, 466-67, 272 A.2d 856, 860 (1970), which circumscribes more narrowly the permissible use of property. [1] The trial court made extensive findings of fact in its narrative order.

  10. Healey v. Town of New Durham

    665 A.2d 360 (N.H. 1995)   Cited 25 times
    Upholding superior court's decision as legally correct and factually supported

    See Cohen, 134 N.H. at 427, 593 A.2d at 1147 (standard for reviewing nonconforming uses). The landowner who claims a vested right bears the burden of proving all necessary elements establishing that right. New London v. Leskiewicz, 110 N.H. 462, 467, 272 A.2d 856, 860 (1970). We uphold the trial court's findings of fact unless (1) the trial court did not properly defer to the ZBA's fact finding, see RSA 677:6 (1986), or (2) its findings are unsupported by the evidence, see Cohen, 134 N.H. at 426, 593 A.2d at 1146.