Summerwind Cottage, LLC v. Town of Scarborough

The Scarborough Zoning Board of Appeals (ZBA) granted a setback variance to property owners in the Higgins Beach neighborhood of Scarborough. The property abutted land owned by Summerwind Cottage, LLC. Peter and Libby Cassat owned the land directly across the street. The superior court affirmed the decision of the ZBA. Summerwind Cottage and the Cassats appealed, arguing that the superior court erred in relying on the Official Shoreland Zoning Map to conclude that the property was in the buildable Shoreland Overlay District and in concluding that the property met the requirements for a variance. The Supreme Court affirmed, holding (1) Summerwind’s arguments failed to establish that the ZBA erred in relying on the Official Shoreland Zoning Map in determining that the property was in the buildable Shoreland Overlay District; and (2) there was substantial evidence in the record to support the ZBA’s decision to grant the ordinance.

Summerwind Cottage, LLC v. Town of Scarborough