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<br />" <br /> <br />I, <br /> <br />..........~~... <br /> <br />June 25, 20081 Volume 21 No, 12 <br /> <br />) to respond magnified the Turnpike's existing hazard, making improve- <br />ment necessary. - <br />The court also found that Upton's proportional share coUld be one- <br />third of improvement costs. Upton had argued that the board had im- <br />properly justified the fee assessed to rum by relying only on the fact that <br />his development would nearly double the number of homes on the Turn- <br />pike. The court said that in assessing a developer's proportional share <br />of the cost of an improvement, no single factor could be determinative. <br />The court said that factors relevant to determining a developer's propor- <br />tional share of the cost for road improvements could include, but were <br />not limited to: (1) the standardto which the town currently maintained <br />the road; (2) the frontage of the proposed subdivision; (3) the potential <br />traffic increase necessitated by the proposed subdivision; (4) the char- <br />acter and potential for development of the neighborhood served by the <br />road; and (5) the number of residences presently fronting on or normally <br />trafficking these roads. The court found the board considered several of <br />these factors when assessing the fee on Upton. Therefore, the court con- <br />cluded that the fee was properly assessed. <br /> <br />See also: LandNest Properties, Inc. v. Town of Plainfield, 117 N.H. 817, <br />379 A.2d 200 (1977). <br /> <br />See also: Zukis v. Town of Fitzwilliam, 135 N,H. 384, 604 A.2d <br />956 (1992). <br /> <br />Constitutionality - Vagueness-City <br />denies developer's preliminary plat <br />applications because they contain <br />flag-shaped lots <br /> <br />Developer argues decision is untimely <br />and ordinance banning such lots is <br />unconstitutionally vague <br /> <br />Citation: Howeth Investments, Inc. v. City of Hedwig Village, 2008 WL <br />1747210 (Tex. App. Houston 1st Dist. 2008) <br /> <br />TEXAS (04/17f08)-Howeth Investments, Inc. (Howeth) was in <br />the business of purchasing and developing real estate. In March 2000, <br />Howeth contracted to purchase two adjacent, undivided properties in the <br />city. Howeth sought to subdivide the properties into at least three lots. <br />In order to meet the city's development requirements, the only way to <br /> <br />@2008 Thomson ReutersIWest <br /> <br />9 <br /> <br />33 <br />