brief the following case using the FIRAC method.

Shackford & Gooch, Inc. et al v. The Town of Kennebunk, etal

486 A.2d 102, 105 (Me.1984)

Case information

Restaurant operator appealed zoning board of appeal's denial of request for variances to permit it to build roof deck. The Superior County, York County, ordered board to issue permit, and owners of abutting fish market, which opposed permit, appealed and restaurant cross-appealed. The Supreme Judicial Court, Glassman, J., held that: (1) abutting landowners, who appeared before board of zoning appeals and demonstrated that they would suffer particularized injury from permit for deck construction on neighboring restaurant's roof, had statutory standing to appeal order that board issue permit; (2) proposed roof deck was "extension" of lawfully nonconforming use of restaurant within meaning of ordinance, although it would not encroach any further into nonconforming setbacks than did lawfully nonconforming restaurant walls; (3) restaurant operator failed to carry its burden of establishing that "unusual difficulty or particular hardship" would result from strict application of ordinance; and (4) restaurant operator did not reasonably rely on building inspector's spoken permission to build roof deck without obtaining permit and inspector's verbal representations did not estop zoning board of appeals from enforcing violation of zoning ordinance.

Judgment vacated; remanded for entry of judgment; decision of zoning board of appeals affirmed.