Vogel v. Board C of Manchester

The scope of an appeal from a decision of the Board of Adjustment, permitted by the zoning law (P. L., c. 42, %s. 61-64), determines the rights of the parties in this proceeding. The defendants contend that the only issue raised by the appeal is whether it can “be said as a matter of law that the board of adjustment erred in denying said permit.” The plaintiff, on the other hand, contends that the statute provides for a trial de novo, and this was conceded to be so by defendants’ counsel at the trial, although their position is now changed.

P. L., c. 42, s. 61, entitled Appeals to Court,…