Abutting property owner sought judicial review of zoning board of appeals’ (ZBA) decision that denied his appeals of planning board decisions approving permits related to the construction of a disc-golf course. The Superior Court affirmed the decisions of the ZBA, and abutting property owner appealed.
The Supreme Judicial Court of Maine held that:
- City planning board’s issuance of a conditional use permit for the construction of a disc-golf course with a condition that allowed the city planner to approve minor changes to the project plans was not in violation of city zoning ordinance;
- Constitutional concerns regarding the delegation of legislative authority were not implicated by city planning board’s issuance of a conditional use permit for the construction of a disc-golf course with a condition that allowed the city planner to approve minor changes to the project plans;
- The requirements of mobile home parks overlay zone ordinance did not apply to proposed site for disc-golf course;
- Zoning board of appeals did not violate adjacent property owner’s due process rights by considering a copy of an e-mail sent by applicant requesting a waiver of certain application requirements for a footbridge conditional use permit; and
- City planner’s inappropriate actions in sending an e-mail to the ZBA did not constitute a violation of adjacent property owner’s due process rights.