Hill v. Town of Wells
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The Supreme Judicial Court vacated the judgment of the superior court vacating the determination of the Town of Wells Zoning Board of Appeals (ZBA) denying Plaintiff's application for two setback variances on the grounds that Plaintiff had not met his burden of proof, holding that the evidence did not compel the ZBA to grant him a variance.
The ZBA denied Plaintiff's application on the basis that he did not meet his burden of proof to show that granting the variances would not alter the essential character of the locality. The superior court vacated the ZBA's determination, concluding that Plaintiff had met his burden of proof. The Supreme Judicial Court vacated the judgment below and remanded with instructions to affirm the ZBA's denial, holding that the ZBA properly decided that Plaintiff failed to show that the nature of his proposed residence with the variances would conform with the neighborhood as zoned and would not degrade the value of surrounding environmental structures.
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