Kirby v. Planning Board of Review

OPINION

LEDERBERG, Justice.

This litigation arises from the decision of the town of Middletown’s Planning Board of Review (board) to reject the subdivision plat plan submitted by James W. Kirby (Kirby). Kirby appealed the decision. The Superior Court, sitting without a jury, entered a judgment sustaining his appeal and reversing the board’s decision. The board and Peckham Bros. Co., Inc. (Peckham) appeal the judgment of the Superior Court.

The central issue on appeal is whether the Superior Court erred in concluding that article 8, section 801, of the Middletown Rules and Regulations Regarding…