Cesere v. Town of Windham

The question we decide in this appeal is whether an amendment to the Town of Windham’s zoning ordinance, which was adopted several months after intervenor Equity Property Associates II had begun negotiating with the Windham Planning Board regarding site approval for a condominium project that is prohibited by the amended ordinance, bars the planning board from granting site development approval for the project. We hold that it does.

The intervenor in September 1979 first sought site development approval for a clustered condominium project in Windham to be known as Fox Hill. After several…