CN Brown Co., Inc. v. Town of Kennebunk

GLASSMAN, Justice.

The Town of Kennebunk appeals from a judgment entered in the Superior Court (York County, Brennan, J.) vacating the decision of the Zoning Board of Appeals of the Town of Kennebunk (the Board) denying C.N. Brown Co., Inc.’s application for a building permit. Contrary to the Town’s contention, the applicable zoning ordinance does not prohibit C.N. Brown’s proposed use of the subject property. Accordingly, we affirm the judgment.

In January of 1992, C.N. Brown purchased property located in the Town of Kennebunk in an area designated, pursuant to the Town’s zoning ordinance, as…