Battcock v. Town of Rye

This is an appeal from the decision of the town of Rye building inspector and Board of Adjustment denying the plaintiffs a building permit. The Trial Court (Cann, J.) ruled upon an agreed statement of facts that the plaintiffs were entitled to a building permit under the provisions of section 13-B of the Rye zoning ordinance as a matter of law. To this order, the defendants seasonably objected, and all questions of law raised thereby were reserved and transferred.

The plaintiffs are the owners of two lots with continuous frontage located in a subdivision in Rye, New Hampshire. Although the…