Wister v. Town of Mount Desert

[¶ 1] Benjamin C. Moore and Alice G. Carter appeal from a judgment of the Superior Court (Hancock County, Hjelm, J.) in favor of Alberta Wister that vacated a decision of the Town of Mount Desert’s Zoning Board of Appeals (ZBA) granting Moore and Carter a variance from the Town’s driveway setback ordinance. 1 They argue that: (1) Wister lacked standing to appeal the ZBA’s decision to the Superior Court; (2) the court erred in interpreting the driveway setback ordinance to be a land use ordinance, and concluding that, as a result, the ZBA lacked jurisdiction to grant a variance pursuant to…