Dyer v. Town of Cumberland

WATHEN, Chief Justice.

Defendant Jeffrey Hahn, the holder of a building permit, appeals from a judgment entered in the Superior Court (Cumberland County, Lipez, J.) vacating a decision of the Town of Cumberland Board of Adjustment and Appeals. Defendant contends the Superior Court erred when it held that the Cumberland Zoning Ordinance (“the Ordinance”) bars road construction within 75 feet of the normal high water mark of coastal waters. Finding no error, we affirm the judgment.

Hahn owns a parcel of land on Great Che-beague Island. His deed includes a right-of-way for foot and vehicular…