Leake v. Town of Kittery

[¶ 1] The Town of Kittery and the owners of the Chauncey Creek Lobster Pier, Ronald and Jean Spinney, appeal from the judgment of the Superior Court (York County, Brennan, J.) vacating the decision of the Kittery Zoning Board of Appeals (ZBA), which affirmed the decision of the Kittery Code Enforcement Officer (CEO) who found that the addition in 1984 of thirteen picnic tables at the Spinneys’ restaurant was not a violation of the Town’s 1977 zoning ordinance. Because the evidence clearly supports the ZBA’s findings, we vacate the judgment.

I. BACKGROUND

[¶ 2] The Chauncey Creek Lobster Pier…