Gove v. Zoning Board of Appeals

Roberta Gove (plaintiff) owned a 1.8-acre undeveloped parcel of land, lot 93, in the Little Beach section of the town of Chatham. Lot 93 was prone to significant flooding and had experienced substantial erosion and increased susceptibility to storms as a result of the formation of a breach in the barrier island that separated Little Beach from the Atlantic Ocean. Gove estimated that the property had no value. In 1985, the town placed lot 93 into a coastal conservancy district. The purpose of the conservancy district was to protect the groundwater supply, protect coastal areas, protect the public health and safety, reduce the risk to people and property from extreme high tides and rising sea levels, and conserve natural resources. The conservancy district prohibited the construction of new residential dwellings in the district without exception. The bylaws specified certain nonresidential uses that were allowed as of right or by special permit. In 1998, Ann and Donald Grenier (plaintiffs) agreed to purchase lot 93 from Gove so long as they could obtain regulatory approval to construct a single-family home on the property. The Greniers applied to a zoning officer for the necessary building permits but were denied. The Greniers appealed to the zoning board of appeals (the board) (defendant), and the board affirmed the zoning officer’s decision. Gove and the Greniers filed suit against the board in superior court, alleging that the board effected a taking of lot 93 by subjecting the property to a land-use regulation that did not substantially advance state interests. The superior court found in favor of the board. Gove and the Greniers appealed.