Your Home, Inc. v. Town of Windham

CLIFFORD, Justice.

Your Home, Inc., appeals from a judgment entered by the Superior Court, Cumberland County, affirming a decision rendered by the Windham Planning Board (Board) denying Your Home a variance from the Town’s subdivision ordinance. Your Home raises essentially three issues on appeal: 1) that the Board denied Your Home a variance for reasons not set forth in the subdivision ordinance, thereby exceeding its powers; 2) that the Board applied an erroneous legal standard or “test” to determine whether the variance should be granted; and 3) that one section of the subdivision ordinance…