Kirkwood v. Board of Appeals of Rockport

How courts have described this case

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

• noting that “hardship is usually present when a landowner cannot reasonably make use of his property for the purposes ... allowed by the zoning ordinance.”
• concluding that increased building costs of 15-20% do not constitute substantial hardship
• no hardship where value of land if developed in accord with residential zoning district $40,000 less than the value if for commercial development
• based in part on view, judge determined that waterfront lot was not unique because it contained ledge
• “Since review is de novo, the judge is not restricted to the evidence which was introduced before the board, and the board’s decision carries no evidentiary weight on appeal”

Source: CourtListener parenthetical corpus (CC0).