Nature of the Case
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Facts
Buck built a home. The contractor set the house back 20 feet from the ocean instead of 12.6 feet indicated by the plan. This meant that the house encroached on the 20-foot front yard setback requirement by 1.26 feet and the 25-foot rear yard setback requirement in three places by no more than 2.06 feet. Rowe, the next-door neighbor, undertook a survey for other reasons and discovered the encroachments. The certificate of occupancy was denied. Buck sought a zoning variance and got it. Rowe, appealed and the Superior Court affirmed, and Rowe appealed again.
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