Supreme Judicial Court Of Maine Case Study Example

Shack ford and Goach Inc. et al v. the Town of Kennebunk et al
Facts of the Case: The plaintiff appeals the York County superior Court’s decision to order Kennebunk Zoning Board a permit to B & B Costal Enterprises to construct a deck on its roof of B and B Restaurant.
Procedural History: The case was first presented to Kennebunk zoning Board of Appeals on 10/06/82 to ascertain if the deck had met the requirements of the ordinance the case was later taken to the superior court in 1983. It ordered the Board to issue a permit to the plaintiff to build a deck because it was in line with the Zoning ordinance.
Holding: the superior court held that the construction of the deck was not in a contravention of the deck zoning ordinance. It was just a vertical addition that did not necessarily extend Dockside’s horizontals setback, the case was.
Reasoning: Zoning Ordinance 7.6 (c) (2) and Title 30 M.R.S.A 4463(3) give powers to the local authorities Boards of Appeal to issue variances. It states that the variance can be granted in case the land in question is not able to field a good return. This can also apply when the case is involving a certain hardship as was witnessed here.
Separate Opinion: The dockside had met all the zoning requirements. However, it bore the responsibility of informing the board about this, prior to the court case. The Appeals Board was obliged to give permit to allow for the construction of the restaurant. The appeal was therefore denied because of the affirmation of the Zoning Board of Appeal’s decision.