Warren v. Zoning Board of Appeals of Amherst

How courts have described this case

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

• zoning board of appeals may not grant variance from 100-foot frontage requirement, even though lot has 98 feet, since mere hardship is not a circumstance especially affecting the parcel
• declining to hear nonjurisdictional argument not raised before the zoning board
• finding no “hardship” where the owner of a larger tract of land conveyed to a new owner a portion thereof which did not meet the minimum frontage requirements of the then existing zoning requirements and as a result could not build without relief from the zoning regulations
• “[A] nonjurisdictional issue not presented at the trial level need not be considered on appeal” [emphasis added]
• appellate court may not take judicial notice of zoning bylaws that are not included in record on appeal
• “The creation of a nonconforming parcel by . . . conveyance does not, without more, entitle the purchaser to a variance”

Source: CourtListener parenthetical corpus (CC0).