Phillips Construction Services, Inc. v. Town of Ferrisburg

Plaintiff Phillips Construction Services, Inc. appeals from the superior court’s order granting defendant Town of Ferrisburg’s motion to dismiss. We affirm.

On March 2, 1987, William Kennerson applied to the zoning administrator of the Town of Ferrisburg for a zoning permit allowing him to rebuild a garage and make improvements to his home. According to the application, the height of the proposed structure was twenty-one and one-half feet; local zoning regulations restrict building height to twenty feet in the district in question. The applicant also indicated compliance with setback…