Maine Real Estate Insider Share:  
  November 25, 2014  
  Maine Supreme Court Upholds Conditional Rezoning: What it means for Real Estate
Mary Costigan, Bernstein Shur, Municipal and Regulatory Practice Group
More Maine Real Estate Insider
11/21/17 - How To: Sublet your way around a commercial real estate shortage
11/07/17 - Change or Die: A short game, long game, or no game manifesto from home building guru George Casey.
10/31/17 - Portland Question 1. Big bureaucracy that's bad for affordable housing.
Click here to see the full archive

The Maine Supreme Court issued a decision last week that upheld the conditional rezoning of Williston-West Church in Portland. In Charles Remmel, et al. v. City of Portland, et al., the Court upheld the conditional rezoning of the large, historically significant church located in a residential zone. The church was purchased by a business owner, represented by Bernstein Shur, who intended to use the property as a residence for his family and office space for his business.

The conditional rezoning permits limited office use located in the first floor of the parish house. The office use is limited in size, number of employees and type of business, requires off-street parking and requires an affiliation between the business owner and property owner. The Court found that the City had a rational basis for concluding that the conditional rezoning was consistent with the comprehensive plan and existing and permitted uses in the original zone. In its decision, which reversed the decision of the Superior Court, the Court reaffirmed the deference owed to a zoning decision by a municipality because it is a legislative act.

Mary Costigan is a member of Bernstein Shur’s Municipal and Regulatory Practice Group. For more information, please contact her at 207 228-7147 or at

Article originally published on October 20, 2014.


Click here for a printer-friendly version   |   Return to the previous page   |   Return to the top of this page


6 City Center, 3rd Floor | Portland, Maine 04101 | Tel: (207) 874-0801 | Fax: (207) 899-4870 2008-2017 | Privacy Policy | Contact Us