Cope v. Town of Brunswick

The Copes (plaintiffs) applied to build eight apartment buildings on a 21-acre parcel under a zoning ordinance permitting such buildings as special exceptions if approved by the Brunswick Zoning Board of Appeals; the board denied the exception under two ordinance subsections requiring that the use not adversely affect public welfare or impair the neighborhood's essential character, but without any specific guidance on how to apply those standards, finding the project posed public safety problems and would drastically change the neighborhood's character. The trial court affirmed, and the Copes appealed, arguing the standards were unconstitutionally vague and discretionary.