Sugarman v. Lewis

OPINION

BEVILACQUA, Chief Justice.

The plaintiffs brought this petition for declaratory judgment pursuant to the provisions of our Uniform Declaratory Judgments Act, seeking a declaration that their property was not within the town’s subdivision ordinance. They also sought a declaration that the Exeter Planning Commission exceeded its statutory authority by approving an amendment to the subdivision ordinance on August 11, 1976.

After a hearing before a justice of the Superior Court sitting without a jury, a decision was rendered and judgment was entered denying relief and declaring that (1) the…