Kenner v. Zoning Board of Appeals

The Chatham zoning board (defendant) permitted the Hiebs (defendants) to demolish, rebuild, and expand their home; the Kenners (plaintiffs), who lived across the street, challenged the permit, claiming the new house would obstruct their ocean view, diminish their property value, and (via an approved wall) make it impossible for two cars to pass without one entering the Kenners' property. Unchallenged evidence showed the new house would only be seven feet taller than the old one, and its roofline would still sit lower above sea level than the foundation of the Kenners' own house. The trial judge found the Kenners lacked standing; the appeals court reversed, and the Hiebs and Board sought further review.