Town of Bethlehem v. Tucker

This case comes before us on an agreed statement of facts and raises the question whether a successful applicant for á zoning variance is entitled to notice of an abutter’s appeal to the superior court that ultimately results in a court order vacating the variance and requiring the applicant to restore the land to its original condition. We hold that notice is required.

On May 6,1976, defendants Martin and Diane Tirrell were granted a variance by the Town of Bethlehem Board of Adjustment that allowed them to place a mobile home on the land of George E. Tucker, III, the other defendant. An…