Our Way Enterprises v. Town of Wells

Our Way Enterprises, Inc. (Our Way) appeals from a judgment entered in Superior Court, York County, affirming the decision of the Wells Zoning Board of Appeals (Board), which upheld the Code Enforcement Officer's (CEO) denial of Our Way's application for a construction permit. Our Way challenges both the Board's interpretation of, and the constitutionality of, a Wells zoning ordinance. John and Barbara Noseworthy intervened in opposition to Our Way, and challenged Our Way's standing before the Board. Because we find that Our Way has standing, that the Board's interpretation of the ordinance is not arbitrary or capricious, and that the ordinance is constitutional as applied to Our Way, we affirm the judgment. I.