Frederick G. Trudo et al. v. Town of Kennebunkport, 2008 ME 30

Summary

The Maine Supreme Judicial Court reviewed a zoning decision concerning renovations to a legally nonconforming home in Kennebunkport. The court held that the Zoning Board of Appeals reasonably found that enclosing a screened porch expanded the seasonal use of a nonconforming structure in violation of the town's land use ordinance, and it vacated the Superior Court's contrary judgment.

Holdings

1. When the Superior Court acts in its appellate capacity under Maine Rule of Civil Procedure 80B, the Supreme Judicial Court reviews directly the operative decision of the municipal board.
2. The Trudos' renovations impermissibly expanded a nonconforming use because the evidence supported the Board's finding that the improvements added at least one month to the porch's operating season, and the ordinance prohibited such expansion absent the required authorization.

Questions Presented

1. Whether the Zoning Board of Appeals had substantial evidence to determine that the Trudos' porch renovations impermissibly expanded a nonconforming use under the Kennebunkport Land Use Ordinance.
2. Whether the Supreme Judicial Court should review the Zoning Board of Appeals' decision directly rather than the Superior Court's appellate judgment.

Disposition

vacated