Appeals Court: MURROW vs. ESH CIRCUS ARTS

Keywords:  Zoning, Appeal, Person aggrieved, Board of appeals: notice of hearing. Practice, Civil, Zoning appeal, Standing, Motion to dismiss. Notice

The Appeals Court, in another very interesting “standing” decision, concluded that the plaintiff in this case was not a party in interest because, although within 300′ of the ESH property, she was neither an abutter nor an abutter to abutter, but rather only an abutter to land directly opposite to ESH.  The plaintiff claimed that she is a party in interest as one of the “abutters to the abutters within three hundred feet” because she lives within three hundred feet of the Esh property; but the Court disagreed.  “The phrase “within three hundred feet” modifies “abutters to the abutters” and does not create a standalone category of parties in interest.  To read § 11 otherwise would “render [a] portion of it meaningless.” For the full decision of the Court, click here

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