Feitelson v. City of Salem

This writ of review proceeding challenges a conditional use permit issued by the Common Council of the City of Salem to Robert and Mabel Nicklaus. The plaintiff, who owns property near that of the Nicklaus’, appeals from a circuit court judgment upholding the council’s action. We reverse.

The facts are relatively simple and are not in dispute. The appellant is the owner of a parcel of land located at the southwest comer of Hope Avenue and Kenard Street in the City of Salem. The Nicklaus’ own a parcel of land on the northwest comer of the same intersection. Both parcels of land and the…