Cope v. Inhabitants of Town of Brunswick

WATHEN, Justice.

The plaintiffs, Mitchell and David Cope, appeal from a decision of the Superior Court (Cumberland County) which affirmed a decision of the Brunswick Zoning Board of Appeals (the Board) denying plaintiffs a zoning exception to construct eight multi-unit apartment buildings within the Town of Brunswick. On appeal, the plaintiffs assert inter alia that the Brunswick zoning ordinance is facially unconstitutional. Specifically, they argue that the ordinance improperly delegates to the Board the authority to permit the use of land for the construction of an apartment building. We…