Toda v. Board of Appeals of Manchester

Believing that a rock quarrying operation near their homes violated their local zoning by-law, a group of residents of the town of Manchester (town) sought relief from the building inspector. The building inspector declined to act, based on his determination that earth removal operations were governed solely by an earth removal by-law enacted as part of the town’s general by-laws and not by the zoning by-law. The board of appeals (board) upheld the decision of the building inspector on August 23, 1982. The residents then appealed the decision of the board to the Superior Court pursuant to G.…