Justia Zoning, Planning & Land Use Opinion Summaries

The trust sought a building permit, to replace a dilapidated 1950s minesweeper deckhouse on the Owls Head property with a new, larger single-family residence. The existing structure is located partly within a 75-foot setback zone from the Atlantic Ocean; it contains a wetland of special significance that would necessitate a Maine Department of Environmental Protection permit before building. The new structure would be located partly within the setback zone, but farther from the ocean, with an addition lying completely outside of the setback zone and not encroaching on the wetland. The Planning Board approved the plan, finding that under the Town’s Shoreland Zoning Ordinance, "this is a nonconforming structure and it may be re-located, further away from the ocean, but not into the wetland ... to the greatest extent practical." The Board of Appeals reversed. The Superior Court agreed, finding the Board should not have considered the proposed addition before determining whether the relocation of the existing structure “conforms to all setback requirement[s] to the greatest practical extent.” The proper analysis would have been to first consider how the existing structure could be relocated to conform and to then consider whether an addition outside of the setback area could be constructed. The Maine Supreme Judicial Court remanded, agreeing with the BOA and lower court, and finding that the Board applied the wrong ordinance section in considering the permit application. View "Osprey Family Trust v. Town of Owls Head." on Justia Law

In this case, the Supreme Court considered when a municipal agency’s decision constitutes a final action subject to immediate judicial review. The owner of the Camden Harbour Inn applied to the Town of Camden for authorization to increase the number of guest rooms and parking spaces for the Inn and to reduce the number of seats at the Inn’s restaurant. The Zoning Board of Appeals (ZBA) granted a special exception permit subject to conditions and allowed the Inn to proceed to the Planning Board for site plan review. Susan Bryant, an abutter, appealed the ZBA’s decision to the superior court before site plan review could occur. The superior court affirmed the ZBA’s decision. The Supreme Court vacated the judgment of the superior court and remanded for dismissal of Bryant’s complaint, holding that, while the Town’s Zoning Ordinance expressly provided for Bryant’s appeal from the grant of the preliminary special permit, the ZBA’s decision was not a final action subject to appellate review in the courts because additional process was required by the Town’s Ordinance before a final decision on the Inn’s proposed changes is reached. View "Bryant v. Town of Camden" on Justia Law

Carol Reece applied for a coastal sand dune permit to create a vehicle access way to her property abutting a beach and to develop and lawn and walkway on the property. The Department of Environmental Protection granted the permit. Abutting landowner Jonathan Day and others appealed. The Board of Environmental Protection reached a de novo decision granting Reece’s application. The superior court vacated the Board’s decision. The Supreme Judicial Court vacated the superior court’s judgment, holding that the Board’s interpretations of its own ambiguous rules do not conflict with the relevant statutes or with the rules, and the rules do not compel at the interpretation reached by the superior court. Remanded for entry of a judgment affirming the Board’s decision to grant Reece the permit. View "Day v. Bd. of Envtl. Prot." on Justia Law

Plaintiff challenged three City of Saco decisions issued in connection with the construction of a car dealership by WWS Properties, LLC. Specifically at issue were (1) the City Planning Board’s and the Zoning Board of Appeals’ (ZBA) conclusions that each lacked jurisdiction to review the City Planner’s grant of an amendment to WWS’s approved site plan, and (2) the ZBA’s determination that it did not have jurisdiction to consider Plaintiff’s appeal of the certificate of occupancy issued to WWS. The superior court affirmed the decisions of the Planning Board and ZBA. The Supreme Court vacated the judgment, holding (1) Plaintiff’s appeal of the City Planner’s approval of the site plan amendment was properly before the Planning Board, and therefore, the Planning Board erred in determining that it lacked jurisdiction; and (2) the ZBA had jurisdiction to consider Plaintiff’s appeal of the issuance of a certificate of occupancy, and the ZBA erred in refusing to exercise that jurisdiction. Remanded. View "Desfosses v. City of Saco" on Justia Law