Kosalka v. Town of Georgetown

752 A.2d 183 (2000)

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Kosalka v. Town of Georgetown

Maine Supreme Judicial Court
752 A.2d 183 (2000)

Facts

Eric Kosalka (plaintiff) and Patricia Kosalka (plaintiff) applied to the Georgetown Planning Board for a conditional use permit to build a campground. The planning board denied the permit, finding that the proposed campground satisfied all of the requirements of the Town of Georgetown (defendant) zoning ordinance except for a provision requiring proposed campgrounds to “conserve natural beauty.” The Kosalkas appealed to the Georgetown Zoning Board of Appeals, which denied their application because it lacked the jurisdiction to determine whether the “conserve natural beauty” provision was constitutional. The Kosalkas then filed a complaint in the superior court challenging the constitutionality of the provision. The court found that the Kosalkas had failed to prove that the provision was unconstitutional on its face and remanded the matter to the board of appeals so that it could determine whether the campground conserved natural beauty as required by the provision. The board of appeals affirmed the planning board’s denial of the permit. The Kosalkas again appealed to the superior court. The superior court affirmed the decision of the board of appeals, and the Kosalkas appealed to the Maine Supreme Judicial Court.

Rule of Law

Issue

Holding and Reasoning (Dana, J.)

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