Sturgis v. Margetts

No issue was raised before the trial court, nor in the briefs on appeal, as to the applicability of the declaratory relief statute to the situation here involved. So this contention, advanced during oral arguments before this court, is held to have been belatedly raised and is not passed upon.1

*736The basic issue to be here resolved is whether the defendants are operating a mobile home park. They háve obtained written permission of the board of adjustment to use the land as a recreational camp and as a camping area. They have neither applied for nor received written permission from the board to…