Carey v. Town of Westmoreland

The issue in this zoning appeal is whether it is unjust and unreasonable for the defendant town to require the plaintiffs to install a septic tank system on their premises when the plaintiffs have in use a system which meets all the requirements of State regulations and poses no health hazard. We hold that the town’s action is unreasonable.

The plaintiffs are Quakers who, in May of 1977, purchased 11.4 acres of land in the town of Westmoreland (town). They constructed a home in accordance with their religious beliefs and the doctrine of simplicity in living. The home has no utilities: no…