Dartmouth Corp. of Alpha Delta v. Town of Hanover

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Plaintiff Dartmouth Corporation of Alpha Delta (Alpha Delta) appealed a Superior Court order affirming a Zoning Board of Adjustment (ZBA) decision in favor of defendant Town of Hanover (Town). The ZBA determined that the use of Alpha Delta’s property at 9 East Wheelock Street (the property) violated the Town’s zoning ordinance. Alpha Delta has been a fraternity for students at Dartmouth College (College) since the 1840s. In 1931, the Town enacted its first zoning ordinance. At that time, Alpha Delta’s property was located in the “Educational District” in which an “[e]ducational use, or dormitory . . . incidental to and controlled by an educational institution” was permitted as of right. Between 1931 and the mid- 1970s, the property was located in various zoning districts where its use by Alpha Delta as a fraternity was allowed as of right. In 1976, the Town enacted its current zoning ordinance, under which the property was located within the “Institution” district. A student residence in the Institution district was allowed only by special exception. In 2015, the College notified Alpha Delta by letter that, due to the fraternity’s violation of the school’s standards of conduct, it had revoked recognition of the fraternity as a student organization. “Derecognition” revoked certain privileges, pertinent here was recognition as a ‘college approved’ residential facility; and use of College facilities or resources. The College notified Alpha Delta that it would be removed from the College’s rooming system under which student room rents are paid through the College, and would no longer be under the jurisdiction or protection of the College’s department of safety and security. Furthermore, the College notified the Town that Alpha Delta no longer had a relationship with Dartmouth College, and notified Alpha Delta that it was the College’s “understanding that under the Town zoning ordinance no more than three unrelated people will be allowed to reside on the property.” The Town’s zoning administrator subsequently notified Alpha Delta by letter that use of the property violated the zoning ordinance. Alpha Delta appealed, but finding none of its arguments availing, the Supreme Court affirmed. View "Dartmouth Corp. of Alpha Delta v. Town of Hanover" on Justia Law