Zappia v. Town of Old Orchard Beach
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The Supreme Judicial Court vacated the order entered by the superior court affirming the decision of the Town of Old Orchard Beach to deny Appellant's application to build a greenhouse in the front yard of her residential property, holding that Appellant was not prevented from building a greenhouse in her front yard.
The Town's code enforcement officer denied Appellant's application because "an accessory structure cannot be located in the front yard." The Town's Zoning Board of Appeals upheld the denial, concluding that a particular provision of the Town's Zoning Ordinance prohibited Appellant from building the structure in her front yard. The Supreme Judicial Court vacated the order below, holding that the provision at issue did not prevent Appellant from building a greenhouse in her front yard.
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