Bosonetto v. Town of RichmondAnnotate this Case
Petitioner Nicholas Bosonetto appealed a superior court decision to grant summary judgment in favor of Respondent Town of Richmond. The decision dismissed his appeal of a decision made by the Town's Zoning Board of Adjustment (ZBA). Petitioner and his wife own property in Richmond upon which are several mobile homes. Petitioner submitted a building permit application to replace one of the mobile homes with a new three-bedroom structure at a different location on the property. The Board of Selectman (BOS) denied the application based on the fact that the property is on a private road, and the Town did not have provisions for building permits on private roads. At its deliberation, the ZBA determined that Petitioner had a vested right to use the existing structures because building permits were issued for them, but that right did not permit him to replace one of the existing structures with a different "footprint" and at a different location on the property. Petitioner filed a declaratory action at the superior court, and requested a statutory appeal of the ZBA decision. Finding the trial court did not abuse its discretion and affirmed the trial court's dismissal of Petitioner's case.