Fisher v. Board of Zoning Appeals

The plaintiff appealed to the Court of Common Pleas from a decision of the board of zoning appeals of the town of Monroe reversing the action of the zoning commission, which had granted a permit to the plaintiff to erect a fnel-oil storage tank. The court rendered judgment dismissing the appeal and from that judgment this appeal has been taken.

The court based its action on a motion to dismiss which set forth that plaintiff’s action was not an appeal. The plaintiff sought to meet this claim by a motion to amend the prayers for relief by adding an additional one that “the action of the Zoning…