Rowe v. City of South Portland
Supreme Judicial Court of Maine
730 A.2d 673 (1999)
Relevant factsFree
Buck built a coastal home set back farther than planned to avoid erosion, which caused the house to encroach on the front-yard space required by a South Portland (defendant) zoning ordinance; her neighbor Rowe (plaintiff) challenged the resulting occupancy certificate denial, and the Board of Appeals granted Buck a variance, which the trial court affirmed on Rowe's appeal.
IssueFree
Whether a zoning variance will be granted when enforcement of a zoning ordinance would prevent a landowner from obtaining a reasonable return on the property.
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Alumni Control Board v. City of Lincoln137 N.W.2d 800 (1965)Cochran v. Fairfax County Board of Zoning Appeals594 S.E.2d 571 (Va. 2004)Commons v. Westwood Zoning Board of Adjustment410 A.2d 1138 (1980)Matthew v. Smith707 S.W.2d 411 (1986)Surfrider Foundation v. Zoning Board of Appeals358 P.3d 664 (2015)