Wilcox v. Village of Manchester Zoning Board of Adjustment

Plaintiff appeals from a superior court decision upholding the ruling of the Village of Manchester Zoning Board, which prohibited the subdivision of his property because it would leave an undersized lot, in violation of the Village’s minimum-lot-size ordinance. We agree with plaintiff that summary judgment should not have been granted because issues of fact remain as to whether he qualifies for an exception to the minimum-lot-size requirement. We reverse and remand.

Plaintiff’s land consists of three parcels, created and conveyed by deed to his parents in 1950. The conveyance was prior to the…