Neighbors brought action to challenge town development review board’s issuance of subdivision permit to landowner.
The Superior Court affirmed, and neighbors appealed.
The Supreme Court held that:
- Environmental Division had jurisdiction to determine whether easement existed and evaluate evidence of whether a public road had been laid out;
- Environmental Division improperly required only a “threshold showing” of a “right to use” road; and
- Environmental Division’s errors were prejudicial.