Herrle v. Town of Waterboro

[¶ 1] The Town of Waterboro and Douglas C. Foglio Sr. appeal from a judgment entered in the Superior Court (York County, Brennan, J.) vacating the reconsidered decision of the Waterboro Zoning Board of Appeals (ZBA) and reinstating an earlier decision by the ZBA. In that earlier decision, the ZBA determined that Foglio’s gravel pit had lost its grandfathered status through discontinuance and, therefore, required conditional use approval prior to any further operation. Because we conclude that the ZBA’s role in the administrative appeal was advisory in nature and not subject to judicial…