Two Lights Lobster Shack v. Town of Cape Elizabeth

RUDMAN, Justice.

[¶ 1] Two Lights Lobster Shack, Inc. (“The Lobster Shack”), a Cape Elizabeth restaurant, appeals from a judgment entered in Superior Court (Cumberland County, Mills, J.) affirming the decision of the Cape Elizabeth Zoning Board of Appeals. The Lobster Shack contends that the board and the court erred as a matter of law by concluding that the proposed use of the area created by the proposed foundation would constitute an impermissible extension of a nonconforming use pursuant to the Cape Elizabeth zoning ordinance. We disagree and affirm the judgment.

[¶ 2] The Lobster Shack is…