Cumberland Farms, Inc. v. Zoning Board of Appeals

Opinion

LAVERY, C. J.

The defendant zoning board of appeals of the town of Westbrook (board) appeals from the judgment of the trial court sustaining the appeal of the plaintiff, Cumberland Farms, Inc., from the decision of *624the board to uphold the decision of the zoning enforcement officer denying the plaintiffs application to reopen a gasoline station. On appeal, the board argues that the court improperly substituted its judgment for that of the board. We agree with the board, and, accordingly, reverse the judgment of the trial court.

The following facts, as recited in the court’s memorandum of…