Greenawalt v. Zoning Bd. of Adj. of Davenport

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• noting that an applicant establishes unnecessary hardship by showing that the property “cannot yield a reasonable return if used only for a purpose allowed in that zone----”
• explaining “[t]he burden is on the applicant to show all three of the elements” and “[a] failure to demonstrate one of them requires the board to deny the application”
• “Lack of a reasonable return may be shown by proof that the owner has been deprived of all beneficial use of his land.”
• “The board [of adjustment], therefore, merely has authority to determine whether exceptions to an ordinance are to be allowed. It cannot amend or change an ordinance.... ”
• “The board, therefore, merely has authority to determine whether exceptions to an ordinance are to be allowed. It cannot amend or change an ordinance or declare an ordinance 34 unconstitutional.”

Source: CourtListener parenthetical corpus (CC0).