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Mr. Keynolds discussed a letter which he addressed to the council regarding rights of appeal and “aggrieved party” status. In part, the letter said, “It is possible for the town to vary to some degree the persons who are given the right to appeal, and the town may broaden the class of those who may be determined to be aggrieved, but it may not restrict those who may appeal beyond those granted the right either by state statute or by the federal or state constitutions.” ,
He said that zoning is a restriction on private property rights for the public good, and the issue really is who determines what the public interest is. He said that the people who have a right to appeal are those whose personal property rights have been infringed upon, and that “The Courts have, in zoning decisions, been nearly unanimous throughout the country that only those persons who have been substantially affected to the degree that the governmental decision unreasonably violates their constitutionally protected private property rights, have the right to appeal the decision.”
Mr. Reynolds cited the case, Virginia Beach Beautification Commission v. Board of Zoning Appeals of the City of Va. Beach, et al., which states in part that “The petitioner must show that he has an immediate, pecuniary and substantial interest in the litigation, and not a remote or indirect interest...The word ‘aggrieved’ in a statute contemplates a substantial grievance and means a denial of some personal or property
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