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.