Lemm Development Corp. v. Town of Bartlett

The plaintiff, Lemm Development Corporation (Lemm), appeals the Superior Court’s (Temple, J.) ruling that the defendant, the Town of Bartlett (Town), properly denied Lemm’s request for a building permit. At issue is the town planning board’s jurisdiction to review improvements to land under its subdivision regulations. For the reasons stated below, we reverse.

*620The essential facts of this case are not in dispute. In September 1986, Lemm received subdivision approval from the Bartlett planning board for a condominium development. Lemm began construction and, in July 1988, applied to the board of…