unnecessary hardship

unnecessary hardship
An imprecise term appearing in some zoning ordinances. It is recognized that the term does not lend itself to precise definition automatically resolving every case. The criterion of unnecessary hardship is whether the use restriction, viewing the property in the setting of its environment, is so unreasonable as to constitute all arbitrary and capricious interference with the basic right of private property. The fact that the enforcement of zoning regulation in question would deprive the applicant of any practical economic use of his property, without any commensurate advantage to other properties in the neighborhood, was held to constitute an unnecessary hardship within the operation of the zoning ordinance. Anno: 168 ALR 26 et seq.

Ballentine's law dictionary. . 1998.

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