When is a wall just a wall, and when is a wall a structure? In the recent decision of O'Connell v. Vainisi, LCR (May 29, 2015), the Land Court considered this question under the Cohasset zoning bylaw. Specifically, the Court considered the Plaintiffs' objection to...
Zoning
“Tear down that wall!” – Good Fences Don’t Necessarily Make Good Neighbors, Part II
At the end of last year, we wrote about the case of Ruth Dwyer of Thetford, Vermont, who constructed a 60-foot-by-24-foot partition, consisting of cloth strung across multiple utility poles, to block her view of her neighbor, Patrick Perry’s house, and the light from...
Confused About Standing and Merger in Zoning Appeals?
Anyone looking for a refresher course on the topics of standing and merger with regard to zoning appeals is in luck. Yesterday, the Land Court issued its decision in Pitsick v. Lipsitt, 13 MISC 477862 (May 14, 2015), in which Judge Sands provided a comprehensive...
Good Fences Don’t Necessarily Make Good Neighbors
At least not in the case of Ruth Dwyer and Patrick Perry of Thetford, Vermont. According to Valley News, when Perry purchased the approximately two-acre hayfield across from Dwyer’s farm in 2013, his family did what most property owners do – they built a...