# Foye v. City of Westbrook

> Superior Court of Maine · January 4, 2001

URL: https://www.frixlaw.com/law-library/cases/10807272

## Case

- **Court:** Superior Court of Maine
- **Decided:** January 4, 2001
- **Precedential status:** Unpublished
- **Opinion:** Opinion
- **Judges:** Nancy Mills
- **Cited by:** 0 later opinions in the Frix Law Library

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## Opinion text

STATE OF MAINE UMAR Loy ne SUPERIOR COURT

CUMBERLAND, ss Wo tee CIVIL ACTION
. 7 DOCKET NO. AP-00-045
Jed & ou ay "0 AIM, CUM - Ly pool
JAMES W. FOYE, MARK C. FOYE,
and ANDREW L. BROADDUS,
Plaintiffs
vs. DECISION AND ORDER

CITY OF WESTBROOK,

Defendant

The plaintiffs appeal the April 19, 2000 decision of the City of Westbrook
Zoning Board of Appeals (ZBA). The ZBA denied the plaintiffs’ request for a 10-foot
front yard variance in order to construct a single family home. The plaintiffs argue
that the ZBA's finding that the grant of the variance would alter the essential
character of the neighborhood is not supported by evidence in the record and that
the ZBA erred in failing to make findings with regard to the three other criteria
required to establish undue hardship. See 30-A M.R.S.A. § 4353 (4) (Supp. 2000).

Based on the transcript of a VCR tape obtained from the City of Westbrook's
cable television channel, which was provided at the court’s request after the briefs
were filed and without objection, there is competent evidence in the record to
support the ZBA's finding that the granting of a variance would alter the essential
character of the neighborhood. See, e.g., Transcript at 8-10, 17.

The better practice would be for the ZBA to address all of the criteria involved

in consideration of a variance request. See Driscoll v. Gheewalla, 441 A.2d 1023,

1026-27 (Me. 1982). The plaintiffs must show, however, that the evidence compelled
the ZBA to grant the variance. See Twigg v. Town of Kennebunk, 662 A.2d 914, 916

(Me. 1995). Because all four criteria must be shown for the granting of a variance,

the plaintiffs cannot make that showing on this record. See Pepperman v. Town of

Rangeley, 659 A.2d 280, 283-84 (Me. 1995).

The entry is
The Plaintiffs’ Appeal is DENIED.

The Decision of the City of Westbrook Zoning Board of Appeals is
AFFIRMED.

Date: December 31, 2000 [Mises Jo

Nancy Mills
Justice, Superior cold

Date Filed 05-19-00 CUMBERLAND

Docket No. _AP 00-045

Action APPEAL 80(B)

County

JAMES W. FOYE
MARK C. FOYE
ANDREW L. BROADDUS

CITY OF WESTBROOK

VS,

Plaintiff’s Attorney

ANDREW L. BROADDUS, ESQ 854-1236
PO BOX 368, WESTBROOK, ME 04098

Date of
Entry

Defendant’s Attorney

RICHARD A. SULLIVAN, ESQ.
LEGAL DEPARTMENT

854-9105

2 YORK ST., WESTBROOK, ME 04092

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10807272. Public record. Not legal advice.