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.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • unnecessary hardship — un·nec·es·sary hard·ship n: a deprivation of an owner s right to the beneficial use of property that is caused when a zoning ordinance makes it impossible to receive a reasonable return from the property ◇ Unnecessary hardship may justify the… …   Law dictionary

  • unnecessary hardship — As considered, sufficient to establish basis for granting zoning variance, is shown by establishing that: physical characteristics of property are such that it could not be used for any permitted purpose; property could be so used only at… …   Black's law dictionary

  • hardship — I noun adversity, affliction, misfortune, suffering, travail II index adversity, burden, calamity, casualty, catastrophe, damage …   Law dictionary

  • hardship — noun ADJECTIVE ▪ appalling (BrE), considerable, extreme, genuine (esp. BrE), great, real, severe ▪ undue, unnecessary (esp. BrE …   Collocations dictionary

  • unnecessary — adj. VERBS ▪ appear, be, prove, seem ▪ become ▪ make sth, render sth ▪ consider sth …   Collocations dictionary

  • Variance (land use) — A variance is a requested deviation from the set of rules a municipality applies to land use known as a zoning ordinance, building code or municipal code. In today’s land use approval environment a variance request can be a fatal flaw for… …   Wikipedia

  • variance — var·i·ance / ver ē əns/ n 1: a disagreement between two documents or positions; esp: a disagreement between allegations (as in an indictment or complaint) and proof offered at trial that warrants an appropriate remedy (as a directed verdict or an …   Law dictionary

  • variance — Civil and criminal practice. A discrepancy or disagreement between two instruments or two pleading allegations in the same cause, which should by law be entirely consonant. Thus, if the evidence adduced by the plaintiff does not agree with the… …   Black's law dictionary

  • Charity and Charities — • In its widest and highest sense, charity includes love of God as well as love of man Catholic Encyclopedia. Kevin Knight. 2006. Charity and Charities     Charity and Charities …   Catholic encyclopedia

  • United States federal probation and supervised release — The life cycle of federal supervision for a defendant. United States federal probation and supervised release are imposed at sentencing. The difference between probation and supervised release is that the former is imposed as a substitute for… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”