Penobscot Area Housing Development Corp. v. City of Brewer
434 A.2d 14 (1981)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
A group home for unrelated individuals may be excluded from a single-family residential zone if the zoning ordinance defines 'family' based on a 'domestic bond' that the court interprets as requiring a permanent, resident authority figure and cohesive, long-term relationships among residents. A private, non-profit entity is not exempt from local zoning merely because it serves state interests, absent a showing of compelling need and substantial, continuing state involvement.
Facts:
- The Penobscot Area Housing Development Corporation, a private nonprofit, was formed to provide housing for citizens with mental retardation.
- The Corporation entered into an agreement to purchase a house in a Brewer, Maine district zoned for low-density, single-family residential use.
- The Corporation intended to use the property as a group home for six adults with mental retardation.
- The home was to be supervised by approximately two full-time, non-resident employees who would work on a rotating basis.
- The average stay for a resident was anticipated to be between one and one-and-a-half years, with some residents eventually transferring to foster homes.
- The Corporation and its staff, not the residents, would plan and manage activities, prepare meals, and provide cleaning services.
- The residents would not have control over who else would live in the home or when other residents would leave.
Procedural Posture:
- The Brewer Code Enforcement Officer, William L. Wetherbee, denied the Penobscot Area Housing Development Corporation an occupancy permit.
- The Corporation appealed the denial to the City of Brewer's Board of Appeals.
- Following a hearing, the Board of Appeals affirmed the code enforcement officer's decision.
- The Corporation, joined by the State of Maine and the State Bureau of Mental Retardation, sought judicial review of the Board's decision in the Superior Court (Kennebec County).
- The City of Brewer filed a motion to dismiss for improper venue, which the Superior Court denied.
- The Superior Court reviewed the merits of the Board of Appeals' decision and issued an order affirming it.
- The Corporation, the State, and the Bureau appealed the Superior Court's affirmance to the Supreme Judicial Court of Maine.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does a proposed group home for six mentally retarded adults, supervised by rotating, non-resident staff, qualify as a 'single family' under a local zoning ordinance that defines family as a collective body of persons living together based on birth, marriage, or 'other domestic bond'?
Opinions:
Majority - Nichols, Justice
No, the proposed group home does not qualify as a 'single family' under the ordinance. The ordinance's requirement of a 'domestic bond' implies a traditional family-like structure that is absent in the Corporation's proposal. The court reasoned that a 'domestic bond' connotes both a resident authority figure, analogous to a parent, and a quality of cohesiveness and permanence in the relationships among residents. The proposal lacked a resident authority figure because the staff would be rotating and non-resident. It also lacked the necessary permanence, as residents were expected to stay for relatively short periods (1-1.5 years) and had no control over the household's composition, making the arrangement more akin to a boarding house or fraternity, which are explicitly excluded by the ordinance's definition.
Analysis:
This decision exemplifies a restrictive interpretation of 'family' in zoning ordinances, focusing on structural and organizational characteristics rather than the functional purpose of creating a supportive, family-like environment. It establishes that, in Maine, a 'domestic bond' can be interpreted to require a permanent, resident authority figure, making it more difficult for group homes with rotating professional staff to locate in single-family districts. The case also sets a high standard for private entities seeking state-based immunity from local zoning, requiring a clear and substantial connection to the state rather than just an alignment with state policy goals. This puts the onus on legislatures, rather than courts, to create statutory carve-outs for group homes if they are to be widely integrated into such neighborhoods.
Unlock the full brief for Penobscot Area Housing Development Corp. v. City of Brewer