Phillips Petroleum Co. v. Zoning Board of Appeals of Bangor

WEBBER, Justice.

On report. This was an appeal to the Superior Court from a decision of Zoning Board of Appeals of Bangor denying a permit to construct a gasoline service station in a location zoned as a “Local Business Zone.” The matter comes to us on an agreed statement of facts for “such decision as the rights of the parties require.”

The zoning ordinance grants as a permitted conditional use in a “Local Business Zone” the operation of gasoline service stations in these terms:

“(3) Gasoline service station where no major repairs or car sales are permitted, and only upon approval of the Zoning…