Archived post

This is an archived post. Please click here to see the latest entries.

« College Pulse and Sex (3/4) | Home | Michael Beechert’s Guide to the Stars: Economics Professor William Fischel »

AD v. Hanover Mano a Mano

Attorneys for the Town and for Alpha Delta argued before the NH Supreme Court today concerning the right of the brothers under the Town’s zoning law to remain in their house despite the fact that AD has been derecognized by the College. Associate Justice James P. Bassett ‘78 recused himself from the case — he had been an AD as a student — and the four other Justices questioned counsel pointedly:

AD v Hanover.jpg

At issue is whether the brothers’ use of their house (the fraternity owns the house and its underlying land) can be grandfathered in: the frat has been in the same physical plant since 1928, and the Hanover zoning ordinance dates back only to 1976.

Justices Hicks and Lynn seemed convinced that the case was a simple one: did the fraternity’s use ante-date the enactment of the zoning ordinance? Justice Conboy repeatedly asked how the law would deal with a change of use (AD’s counsel repeatedly asserted that there had been no change in the use of the premises), such as the transformation of the house into a CVS or a small Walmart; and Chief Justice Dalianis was reserved but direct in her questioning, as is her wont. The Town argued that derecognition by the College deprived AD of its institutional cover, as mandated by the zoning ordinance, which cover had been in place when the ordinance was enacted.

The post-hearing betting line was that AD would win the case, given the Court’s traditional penchant for deciding cases unanimously, and because the brothers had the better of the argument in the minds of at least two of the Justices. A decision should be handed down in a couple of months.

Addendum: AD’s counsel announced during oral argument that the house was in talks with the College about being re-recognized (de-derecognized?). Perhaps the College is softening around the edges, what with the capital campaign in the offing and those bad, bad frat boys being very, very loyal alumni.

Addendum: The Union Leader summarizes the story.


Featured posts

  • August 14, 2013
    Breaking: Of Crips and Bloods and Memories of Ghetto Parties
    History repeats itself, first as tragedy and then as farce, or sometimes it just repeats itself. From the New York Times on November 30, 1998: At Dartmouth College, white students at a ”ghetto party” dressed…
  • June 25, 2013
    Dean of the College Charlotte Johnson’s War on Students Part (2/2)
    Part 1, Part 2 Today’s post again recounts the events that befell the Freshman. However, the content of the Hanover Police department report reproduced in this space yesterday is supplemented by information from my own…
  • October 18, 2009
    When Love Beckoned in 52nd Street
    We were at San Francisco’s BIX last evening, enjoying prosecco, cheese, and a bit of music. A full year of inhabitation in Northern California has unraveled to me no decent venue for proper lounging, but…
  • October 9, 2009
    D Afraid of a Little Competish
    So our colleague and Dartblog writer Joe Asch informed me that the D has rejected our cunning advertising campaign. Uh-oh. The Dartmouth is widely known as a breeding ground for instant New York Times successes,…
  • September 4, 2009
    How Regents Should Reign
    As Dartmouth alumni proceed through the legal hoops necessary to defuse a Board-packing plan—which put in unhappy desuetude an historic 1891 Agreement between alumni and the College guaranteeing a half-democratically-elected Board of Trustees—it strikes one…
  • August 29, 2009
    Election Reform Study Committee
    If you are an alum of the College on the Hill, you may have received a number of e-mails of late beseeching your input for a new arm of the College’s Alumni Control Apparatus called…

Dartblog Specials

Subscribe by Email

Enter your email address:

Help, Pecuniarily

Please note

This website reflects the personal opinions of its authors. Any e-mails received may be published along with the full name of the sender. If you wish otherwise, please say so.

All content appearing at should be presumed copyright 2004-2018 its respective bylined author unless otherwise noted or unless linked to original source.




June 2018
Sun Mon Tue Wed Thu Fri Sat
1 2
3 4 5 6 7 8 9
10 11 12 13 14 15 16
17 18 19 20 21 22 23
24 25 26 27 28 29 30