Richert v. City of South Portland

[¶ 1] Joan Richert appeals from the judgment entered in the Superior Court (Cumberland County, Cole, J.) affirming the decision of the City of South Portland Zoning Board of Appeals (ZBA) that Charles and Virginia Secor were the “resident occupants” of a South Portland building and could therefore engage in the “home occupation” of letting rooms. 1 Ric-hert contends, inter alia, that the Secors are not the “resident occupants” of the dwelling during the approximately ten months of the year they are living in Connecticut. We agree, and vacate the judgment.

[¶ 2] The Secors have maintained their…