Legal Opinion
Malonson v. Town of Berwick
Supreme Judicial Court of Maine
Decided July 23, 2004PublishedCited by 4 opinions
1Opinion of the CourtDana, J.
[¶ 1] The Town of Berwick appeals from a judgment of the Superior Court (York County, Fritzsche, J.) vacating the Ber-wick Planning Board’s decision to deny Philip J. Malonson a conditional use permit to operate a home for recovering alcoholics. Because Malonson’s proposal satisfies the Berwick Land Use Ordinance’s definition of a “boardinghouse,” we affirm the judgment.
I. BACKGROUND
[¶ 2] In the fall of 2002, Malonson purchased a building previously operated as a nursing home intending to convert the property into a sober home for recovering alcoholics. In due course, 1 Malonson sought a…
2Cases cited5 opinions
- Rockland Plaza Realty Corp. v. City of RocklandSupreme Judicial Court of Maine · 2001
- Isis Development, LLC v. Town of WellsSupreme Judicial Court of Maine · 2003
- Malonson v. Town of BerwickSupreme Judicial Court of Maine · 2003
- Maritime Energy v. Fund Insurance Review BoardSupreme Judicial Court of Maine · 2001
- City of Lewiston v. Marcotte Congregate Housing, Inc.Supreme Judicial Court of Maine · 1996
3Cited by4 opinions
- Robert Duffy v. Town of BerwickSupreme Judicial Court of Maine · 2013
- Rudolph v. GolickSupreme Judicial Court of Maine · 2010
- Tarason v. Town of South BerwickSupreme Judicial Court of Maine · 2005
- PEAKER v. City of BiddefordSupreme Judicial Court of Maine · 2008