MacK v. MUNICIPAL OFF. OF TOWN OF CAPE ELIZABETH

GODFREY, Justice.

The municipal officers of the Town of Cape Elizabeth (“Town”) appeal from a judgment of the Superior Court, Cumberland County, reversing a decision of the Cape Elizabeth Board of Zoning Appeals (“Board”) that denied the plaintiffs Alvin G. and Pya- C. Mack a building permit. The Macks cross-appeal from one finding of the Superior Court that was adverse to them.

The Macks seek to build a house on Trun-dy Point, a small peninsula of land they own in Cape Elizabeth. On November 5, 1981, the town building inspector denied them a building permit on the ground that the proposed…