Herrle v. Town of Waterboro

DANA, J.,

with whom SAUFLEY, J. joins, dissenting.

[¶ 13] I respectfully dissent. Athough I agree that the Waterboro Board of Selectmen retains discretion not to bring an enforcement action, I do not agree that a judicial determination as to the meaning of the Waterboro ordinance is therefore advisory and not a judicial function. The Wa-terboro ZBA exists, inter alia, “to receive hear, and decide appeals from interpretations of this ordinance.... ” WateRboeo Zoning Ordinance § 10.01. The Waterboro ordinance expressly provides that the ZBA’s “interpretation of any word, phrase, or provision of…