"The
abutters and the public received a deficient notice because of the application's mischaracterization of what the dimensional relief would be for, and for having no opportunity to review the stairway plans submitted at the meeting," the judge wrote.
(The appraiser should note, as with
abutter analysis, that the information provided is beyond a standard appraisal's scope.)
The couple did not attend Thursday night's Zoning Board of Appeals public hearing, which was filled with dozens of
abutters and opponents to the proposal.
In ruling that the
abutters did have standing, the Land Court referred to a Plymouth bylaw that regulates the light industrial district, where the nuclear power station and spent fuel storage facility are located.
The Forest Society is correct in that most public roads are right-of-way easements and
abutters technically own the land to the center of the road, as well as the air space above it, for that matter.
The artificial lake was rapidly filling with silt and a healthy estuary would provide greater benefits to both the ecosystem and
abutters' land values.
In frontier regions with muddled property rights to land, competition between indigenous people and
abutters over the ownership of natural resources should increase forest clearance.
"The plaintiffs Peter Kirk (Kirk) and Bryan Johnson (Johnson),
abutters to the south and north of the Developer property, respectively (together, the
Abutters), disagreed.
Chaffee will need a permit for his planned operation, which will require notification to
abutters and a public hearing.
Aslin is an experienced litigator, representing property owners and
abutters in property disputes over titles, boundaries, easements and other land use-related issues, as well as energy development and regulatory compliance.
But before then, the school, the site, and
abutters will be demarcated by a combination of jersey barriers and fencing.
The Nottingham Planning Board recognized the proposal as one of regional impact and 10 towns were deemed
abutters due to the three watersheds involved.
40A, 11, because she was identified as a property owner entitled to receive notice of the public hearing on the matter and the zoning board's decision.<br />According to the plaintiff, because the notice statute directs the local tax assessor to certify the list of property owners affected by a zoning board decision, her appearance on the tax assessor's list of certified
abutters of the defendants' property, signified by her receipt of notice of the matter, entitled her to a rebuttable presumption of standing.<br />But Judge William J.
