LaMarre v. Town of ChinaAnnotate this Case
The Supreme Court vacated the judgment of the superior court reversing the decision of the Board of Appeals affirming the Town of China code enforcement officer's (CEO) issuance of an after-the-fact permit to allow the placement of a trailer on Nicholas Namer's lot, holding that the operative decision of the CEO was deficient for purposes of judicial review.
Kimberly and Anthony LaMarre, whose property abutted the lot at issue, objected to the trailer's placement, arguing that the trailer was not a "recreational vehicle" within the meaning of the town's land use ordinance allowing such placement. The Board of Appeals affirmed. The superior court reversed. The Supreme Court vacated the judgment below and remanded the matter with instructions to remand to the code enforcement officer, holding that the CEO's decision was deficient for purposes of judicial review.