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07/01/10
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Meetings
Meeting Document Type
Agenda
Document Title
Board of Adjustment
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07/01/2010
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May 10, 2010 1 Volume 41 No. 9 Zoning Bulletin <br />to challenge the Council's decision to approve Ordinance 454 because: <br />(1) the Citizens had alleged "personal, particularized injuries resulting <br />from the Council's approval of the amended development"; and (2) it <br />was "cleat that a ruling reversing the Council's decision would redress <br />the Citizens' alleged injuries by prohibiting development." <br />See also: Utah Chapter of Sierra Club v. Utah Air Quality Bd., 2006 <br />UT 74,148 P.3d 960 (Utah 2006). <br />Case Note: The court further found that the County's failure to <br />provide a record of the administrative proceedings to the district <br />court violated CLUMDA and precluded the court's review of the <br />Council's decision. As such, the court did not reach the merits of <br />the Citizens' claims. The court remanded the case to the district <br />court with instruction to order the county to transmit the com- <br />plete record and resolve the Citizens' challenge on its merits. <br />Defenses to Enforcement—Town officials <br />provide erroneous information as to. number <br />of lots on property <br />Property owner claims town is estopped from enforcement <br />because of misrepresentation <br />Citation: Sutton v. Town of Gilford, 2010 WL 1190150 (N.H. 2010) <br />NEW HAMPSHIRE (03/30/10)—This case addressed the issue of <br />whether a property owner could argue municipal estoppel—barring <br />enforcement of an ordinance against her property—because of her reli- <br />ance on misrepresentations made by town officials about the property. <br />The Background/Facts: In 2002, Barbara Aichinger purchased lake- <br />front property (the "Property") in the town. The Property was located <br />in the town's Single Family Residence district. In that district, lots were <br />required to be one acre in size. <br />At one time, the Property was comprised of two parcels—lots 9 and <br />10. Lot 9, which contained a single structure garage and guest house, <br />was 0.6 acres. Lot 10, which contained a residence, was 0.5 acres. <br />Sometime in the 1980s, pursuant to a provisiori in the town's zoning <br />ordinance (the "Merger Ordinance"), which merged contiguous non- <br />conforming lots, the town merged lots 9 and 10 to create a single lot, <br />known as lot 7. <br />At the time of purchase, Aichinger's deed showed Pots 9 and 10 de- <br />scribed separately. However, the town's tax map showed the Property <br />as a single "lot 7." <br />® 2010 Thomson Neuters <br />EF <br />
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