Mayberry v. Town of Old Orchard Beach

ROBERTS, Justice.

Bruce B. Mayberry appeals from a judgment of the Superior Court (Cumberland County, Alexander, J.) affirming the decision of the Old Orchard Beach Zoning Board of Appeals denying his building permit. On appeal Mayberry argues that the Board applied an unduly restrictive definition of “use” when it found that the nonconforming use of the building he owned lapsed because it remained unoccupied for a period of two years. We find Mayberry’s interpretation of the ordinance incorrect and affirm the Board’s decision.

In September 1988, Mayberry’s predecessors-in-title, Denley,…