Madelon Brogdon v. Town of Tremont

Summary

The court held that the interlocutory appeal was ripe because the lower court’s remand left the municipal board only a ministerial task: approving the campground application and directing issuance of a permit. Reviewing the Planning Board’s decision directly, the court concluded that competent evidence supported the Board’s determination that the existing way was a nonconforming residential driveway, not a road or trail, and that the campground would impermissibly expand that use. The court therefore vacated the lower court’s judgment and remanded for entry of judgment affirming the Board’s denial.