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This section contains the nature of the case and procedural background.

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.

The legal issues presented in this case will be displayed here.

Legal analysis from Dean's Law Dictionary will be displayed here.