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Durant v. Town of Dunbarton

Law Dictionary
CASE BRIEFS

Law Dictionary

Featuring Black's Law Dictionary 2nd Ed.
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Property Law Keyed to Cribbet

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Bloomberg Law

Citation. 22 Ill.121 N.H. 352, 430 A.2d 140 (1981)

Brief Fact Summary. Plaintiff requested Defendant to approve her plans for a subdivision, which the Defendant’s planning board denied. The Plaintiff appealed the denial.

Synopsis of Rule of Law. The regulations of local planning boards are given a broad scope and generally may include provisions, which will tend to create conditions favorable to health, safety, convenience or prosperity.


Facts. Plaintiff requested Defendant planning to approve her plans for a subdivision, which the Defendant’s planning board denied. The Plaintiff appealed the denial. The board refused to approve the Plaintiff’s plans for three reasons: 1) potential disruption of natural watercourses; 2) potential sight distance problems from the driveways exiting onto a State highway; and 3) potential problems with the subsurface septic systems due to an unusually high water table in the area.

Issue. Was the board within its rights to deny the Plaintiff’s plans for a new subdivision for the reasons stated?

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