Peabody v. Town of Windham

BRODERICK, j.

The plaintiffs, John and Dianna Peabody, appeal a ruling of the Superior Court (Murphy, J.) denying their request for attorney’s fees despite a finding that the Town of Windham Zoning Board of Adjustment (board) acted in bad faith by imposing restrictions on the use of their property. The Town of Windham (town) cross-appeals, arguing that the Superior Court (Goode, J.) erred in vacating the board’s decision. Because we reverse the trial court’s order vacating the board’s decision, the plaintiffs’ appeal is moot.

In February 1993, the plaintiffs purchased property in Windham that…