In re Beliveau NOV, Town of Fairfax v. Beliveau

¶ 1. Homeowner appeals the Superior Court, Environmental Division’s grant of summary judgment in favor of the Town of Fairfax and imposition of associated penalties. The court upheld the Town’s violation, finding that homeowner changed the use of his property from a single-family dwelling to a rooming-and-boarding house without obtaining a change-of-use permit as required by the applicable zoning bylaws. Homeowner contends: the trial court erred in finding that the property was used as rooming-and-boarding house; the definitions of family and rooming-and-boarding house in the Town’s zoning…