Hill v. Town of Chester

The defendants, Town of Chester (town) and Town of Chester Zoning Board of Adjustment (ZBA), appeal the ruling of the Superior Court (Abramson, J.) reversing the ZBA’s denial of a variance to the plaintiffs, John Hill, III and Deborah Simard-Hill. We vacate and remand.

The relevant facts follow. In 1997, the plaintiffs paid $40.00 for a 1.3 acre parcel of land with 200 feet of frontage, referred to as Lot 6. They purchased it from the Simard Family Trust (Trust) by deed, which contained a reversionary interest for the Trust in the event that the plaintiffs failed to build a house on the lot…