Fryeburg Trust v. Town of Fryeburg

2016 ME 174, 151 A.3d 933
CourtSupreme Judicial Court of Maine
DecidedDecember 1, 2016
DocketDocket: Oxf-15-530
StatusPublished
Cited by1 cases

This text of 2016 ME 174 (Fryeburg Trust v. Town of Fryeburg) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Fryeburg Trust v. Town of Fryeburg, 2016 ME 174, 151 A.3d 933 (Me. 2016).

Opinion

GORMAN, J.

[¶ 1] The Fryeburg Trust appeals from a judgment of the Superior Court (Oxford County, Clifford, J.) affirming, pursuant to M.R. Civ. P. 80B, the decisions of the Town of Fryeburg Planning Board and Board of Appeals on the Trust’s challenge to a Town decision allowing Fryeburg Academy to use a parcel of land as an outdoor classroom. The Academy and Town of Fryeburg cross-appeal from the same judgment vacating, also pursuant to M.R. Civ. P. 80B, the Town’s decision to allow the Academy to use a building on a second parcel of land to house administrative offices. The parties challenge the interpretation of the definition of secondary school in Fryeburg’s Land Use Ordinance. We affirm the decision of the Planning Board.

I. BACKGROUND

[¶ 2] The parties do not dispute the facts of this case. On October 10, 2014, the Academy, a private secondary school, applied to the Planning Board for permits authorizing changes in the use of two parcels of leased land. The Academy proposed to use one parcel (the Land Lot), which had previously been used for agricultural purposes, to teach—primarily outdoors— environmental science, conservation studies, agricultural studies, physical education, and recreation, and also for related storage. It proposed to use another parcel (the House Lot), which had previously been used for residential purposes, as offices for its admissions ■ and advancement departments and for related storage. The Academy asserted that each use was permitted as an educational use pursuant to the Ordinance.

[¶ 3] Following a public hearing, the Planning Board approved the Academy’s applications for both parcels. The Planning Board’s approvals were based on its conclusions that the proposed uses qualified as secondary school uses pursuant to the Ordinance and were, therefore, allowed in the lots’ respective zoning districts. The Trust, which owns property abutting both lots, appealed from the Planning Board’s decisions to the Board of Appeals. The Board of Appeals denied both appeals.

[¶ 4] The Trust filed two timely appeals in the Superior Court, pursuant to M.R. Civ. P. 80B, in which it contended that the Planning Board had committed an error of law in interpreting the definition of secondary school contained in the Ordinance. The Superior Court affirmed the Planning Board’s decision to grant the Land Lot permit, concluding that, pursuant to the Ordinance, the proposed use of the Land Lot was an educational use because classes would be taught there. The court vacated the Planning Board’s decision to grant the House Lot permit, however, based on its conclusion that the proposed use of the House Lot was not an educational use because classes would not be taught there. The Trust timely appeals from the court’s decision affirming the Land Lot permit. [936]*936The Academy and Town timely cross-appeal from the court’s decision vacating the House Lot permit..

II. DISCUSSION

[¶5] We review local land use decisions “for error of law, abuse of discretion or findings not supported by substantial evidence in the record,” and review local interpretations of local ordinances de novo as.a question of law.1 Aydelott v. City of Portland, 2010 ME 25, ¶ 10, 990 A.2d 1024 (quotation marks omitted). The characterization of proposed uses in applications for local land use permits presents a “mixed question of law and fact.” Jordan v. City of Ellsworth, 2003 ME 82, ¶8, 828 A.2d 768. Here, the parties dispute whether the Academy’s proposed use of each lot falls within the Ordinance’s definition of “School, Public or Private Elementary or Secondary” (hereinafter “secondary school”).2 Fryeburg, Me., Land Use Ordinance § 25-17 (June 2014). As always, we first evaluate the plain meaning of the Ordinance and, if the meaning is clear, “need not look beyond the words themselves.” Wister v. Town of Mt. Desert, 2009 ME 66, ¶ 17, 974 A.2d 903. We construe the terms of an ordinance reasonably, considering its purposes and structure and to avoid absurd or illogical results. See Dick-au v. Vt. Mut. Ins. Co., 2014 ME 158, ¶ 21, 107 A.3d 621; Stewart v. Town of Sedgwick, 2002 ME 81, ¶ 6, 797 A.2d 27.

[¶ 6] In this case, the Ordinance3 defines a secondary school as a “place where courses of study which are sufficient to qualify attendance as compliance with State compulsory education requirements for grades Kindergarten through 12 are taught.” Fryeburg, Me., Land Use .Ordinance § 25-17. The Ordinance does not provide any other guidance concerning this definition.

A. The Land Lot

[¶ 7] We first consider the Trust’s argument regarding the use of the Land Lot as an outdoor classroom. It contends that the proposed use of the lot by the Academy is not permissible pursuant to the Ordinance because “[n]o complete courses will be taught [there], much less all mandated courses.”

[¶ 8] Although the language of the Ordinance is clear that a secondary school is a “place where courses of study ... are taught,” the remainder of the definition is less clear. Fryeburg, Me., Land Use Ordinance § 25-17. The clause on which the Trust bases its contention states that the courses taught at a place must be “suffi[937]*937cient to qualify attendance as compliance with State compulsory education requirements for grades Kindergarten through 12” in order for that place to be deemed a school. Fryeburg, Me., Land Use Ordinance § 25-17. The Ordinance does not otherwise define or explain the terms of the clause. The State of Maine requires that secondary schools include “career and education development, English language arts, health education and physical education, mathematics, science and technology, social studies, visual and performing arts and world languages” in their programs of instruction. 20-A M.R.S. §§ 4721(1), 6209(2) (2015).

[¶ 9] Reading the plain language of the Ordinance together with the State educational requirements, the Academy’s proposed use of the Land Lot to teach courses, including physical education and science, to.students attending a secondary school fits squarely within the definition in question. Nothing within the text of the Ordinance requires that all of the courses required by the State or the entirety of those courses be taught on each piece of property or in each building where a secondary school operates. See Fryeburg, Me., Land Use Ordinance § 25-17. Reading the Trust’s suggested restrictions into the Ordinance would create an absurd result, and we interpret the language of ordinances to avoid such results. See Dickau, 2014 ME 158, ¶ 21, 107 A.3d 621 (“[W]e may reject any construction that ... creates absurd, illogical, unreasonable, inconsistent, or anomalous results if an alternative interpretation avoids such results.”) For this reason, we affirm the judgment of the Planning Board, as affirmed by the Superior Court.

B. The House Lot

[¶ 10] We next consider the Academy’s and Town’s argument regarding the use of the House Lot for school administrative offices. They contend that the proposed use of the Lot by the Academy’s admissions and advancement departments is so integral to the functioning of the schqol that it is indistinguishable from .the school and, therefore, permissible under the Ordinance. We agree.

[¶ 11] Here, the Ordinance defines secondary school, in relevant part, as a “place where courses of study ...

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Fryeburg Trust v. Town of Fryeburg
2016 ME 174 (Supreme Judicial Court of Maine, 2016)

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Bluebook (online)
2016 ME 174, 151 A.3d 933, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fryeburg-trust-v-town-of-fryeburg-me-2016.