McGlynn v. Town of Woodbury

Hill, J. (Ret.),

Specially Assigned. The Town of Woodbury appeals an order of the superior court declaring that plaintiff’s request for a variance be deemed granted by operation of law. We reverse.

We are concerned here solely with the procedural history of the case. In July, 1984, the Administrative Officer for the Town of Woodbury denied plaintiffs’ application for a zoning permit. Plaintiffs subsequently appealed to the Zoning Board of Adjustment (Board) seeking a variance or, in the alternative, a determination that their property was a pre-existing small lot and thus exempt from set-back…