For those who are interested (and it is an interesting opinion), it can be found at http://www.courts.state.nh.us/supreme/opinions/2006/bould062.pdf. 
Every so often there is an earthquake in New Hampshire. Yesterday the earth shook, legally speaking.
Personally, I have never liked the court’s decision in Metzger (I found it inconsistent with many other decisions by the court), so I do like this decision and I’m happy that Metzger has been defenestrated. But Jim’s concern is well-taken; the new standard could be abused by overzealous planning boards and towns—so be careful. It’s also possible to come up with examples of how the "rational relationship" standard could be stretched, but remember that it is a standard that has been around for a long time, and supports a lot of governmental action at both the federal and state levels. If there’s real concern over how this standard would be use, the better solution is at the state legislative level, rather than anywhere else. Towns use the power given to them by the state.
Ben |
