Day v. Town of PhippsburgAnnotate this Case
At issue in this case was two adjacent beachfront lots - lot 113 and lot 114. In 1989, as a result of a merger clause in a zoning ordnance, the lots were merged into a single, nonconforming, grandfathered lot. Despite the merger clause’s prohibition of any separation of a merged lot that would result in an area that did not meet minimum lot-size requirements, the owner separated the lots and conveyed them to two different individuals. Carol Reece acquired lot 113. In 2013, Plaintiff, who owned property abutting lot 113, sought a declaratory judgment that lot 113 was not a grandfathered nonconforming lot. Reece subsequently acquired lot 114. The superior court granted summary judgment for Reece. The Supreme Court vacated the judgment of the superior court, holding that Reece’s recombination of lots 113 and 114 did not effect a resurrection of the grandfathered status that the lots had when they were previously merged.