Gorham v. Town of Cape Elizabeth
Maine Supreme Judicial Court
625 A.2d 898 (1993)
- Written by Carolyn Strutton, JD
Facts
Gorham (plaintiff) owned a single-family residence in the town of Cape Elizabeth, Maine (defendant). Gorham wanted to convert his house into a multi-family apartment building. Gorham’s house was located in a residential zoning district that only permitted multi-family units as a conditional use that required zoning-board approval. The town’s zoning ordinance provided that this type of conditional use would only be allowed if the use did not adversely affect the property values of neighboring properties. Gorham applied for a conditional-use permit with the zoning board. The zoning board held a hearing, at which Gorham and opponents to his application submitted conflicting evidence as to whether or not Gorham’s proposed use would negatively affect property values in the neighborhood. After deliberating, the zoning board held that the proposed use would negatively affect property values and denied Gorham’s application. Gorham sued the town, alleging among other claims that the ordinance was unconstitutional. The lower court ruled in the town’s favor on all counts. Gorham appealed.
Rule of Law
Issue
Holding and Reasoning (Clifford, J.)
Dissent (Roberts, J.)
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