Merriam Farm, Inc. v. Town of SurryAnnotate this Case
Petitioner Merriam Farm, Inc. appealed a superior court's decision to uphold the denial of its application for a building permit by the zoning board of adjustment (ZBA) of the Town of Surry. In 2009, Merriam Farm applied for a permit to construct a single-family home on a three-acre parcel of land. Under the Town's zoning ordinance, 200 feet of frontage on a public street was required to build. The ZBA determined that the frontage to the property had been closed since 1971 "subject to gates and bars for the purpose of preventing development in this area." Upon review, the Supreme Court found no error in the ZBA's nor the superior court's order to deny the building permit, and accordingly affirmed those decisions.