Fryeburg Trust v. Town of Fryeburg

The Fryeburg Academy, a private secondary school, applied to the Town of Fryeburg Planning Board for permits authorizing changes in the use of two parcels of leased land. Following a hearing, the Planning Board approved the Academy’s applications for both parcels. Specifically, the Town allowed the Academy to use one parcel of land (the Land Lot) as an outdoor classroom and to use a building on the second parcel of land (the House Lot) to house administrative offices. The Fryeburg Trust, which owns property abutting both lots, appealed. The superior court affirmed the Planning Board’s decision to grant the Land Lot permit but vacated the Planning Board’s decision to grant the House Lot. The Trust, the Academy, and the Town all appealed, challenging the interpretation of the definition of secondary school in Fryeburg’s Land Use Ordinance. The Supreme Judicial Court affirmed the decision of the Planning Board, holding (1) the Academy’s proposed use of the Land Lot fit within the definition of secondary school; and (2) the proposed use of the House Lot was permissible under the Ordinance. View "Fryeburg Trust v. Town of Fryeburg" on Justia Law