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GORHAM v. TOWN OF CAPE ELIZABETH

625 A.2d 898 (1993)

Coleman P. GORHAM v. TOWN OF CAPE ELIZABETH.

Supreme Judicial Court of Maine.

Reargued November 3, 1992.

Decided March 11, 1993.

Attorney(s) appearing for the Case

E. Stephen Murray (orally), Elaine L. Clarke, Murray, Plumb & Murray, Portland, for plaintiff.

Michael H. Hill (orally), Monaghan, Leahy, Hochadel & Libby, Portland, for defendants.

Gregory W. Powell (orally), Friedman & Babcock, Portland, for intervenor.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS and RUDMAN, JJ.

CLIFFORD, Justice.

Coleman Gorham owns a single family residence on Bowery Beach Road in Cape Elizabeth. The property is in a Residence-A zoning district. R-A zone permitted uses include single family dwellings, agricultural uses, and schools. Multi-unit dwellings are permitted as a conditional use upon a showing of compliance with conditions set out in the Cape Elizabeth zoning ordinance.1 In August 1989, Gorham filed with the Cape Elizabeth...

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