Viles v. Town of Embden

Majority: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, CALKINS, LEVY, and SILVER, JJ.

Concurring: SAUFLEY, C.J., and LEVY and SILVER, JJ.

CALKINS, J.

[¶ 1] David and Cheryl Viles appeal from a judgment entered in the Superior Court (Somerset County, Jabar, /.), affirming a decision of the Embden Appeals Board (Board), which rescinded a permit issued to the Vileses to build a house and garage *300on their lot bordering Embden Pond. The Board’s decision was the result of an appeal by Richard Hinman, an abutting neighbor. In rescinding the budding permit, the Board concluded that the Vileses’ lot was not a…