Boutwell v. Town of Fair Haven

Plaintiffs appealed to the superior court from a denial of their application for permission to divide an apartment into two apartments. The superior court reversed and granted the requested variance. This Court vacated the judgment and remanded for a determination of subject matter jurisdiction. On remand, the superior court concluded that it did not have subject matter jurisdiction, and plaintiffs appeal from that determination. We affirm.

Plaintiffs first applied for a permit early in 1981. On March 19, 1981 the town zoning administrator denied the application on grounds that the lot was…