Justia Zoning, Planning & Land Use Opinion Summaries

Articles Posted in Maine Supreme Judicial Court
by
The Supreme Judicial Court vacated the judgment of the superior court denying Appellants' Me. R. Civ,. P. 80B petition for review of government action and affirming the decision of the Portland Planning Board to approve 37 Montreal LLC's application to construct a multi-unit residential building, holding that the Planning Board did not err in approving the application.On appeal, Appellants argued that the proposed development failed to meet the City of Portland's Code of Ordinance's height, setback, and design-review requirements, and therefore, the Planning Board erred in approving the application. The Supreme Judicial Court vacated the judgment below and remanded the matter to the Planning Board for findings of fact, holding that judicial review was impossible because the Planning Board's decision did not contain any of the required findings. View "Murray v. City of Portland" on Justia Law

by
The Supreme Judicial Court affirmed the decision of the superior court affirming the order of the Saco River Corridor Commission denying Appellant's application to build a privacy fence along a portion of his property, holding that the Commission's decision was supported by substantial evidence in the record.The Commission denied Appellant's application on the grounds that a privacy fence along a portion of his property would unreasonably despoil the scenic, rural, and open space character of the Saco River Corridor. On appeal, Appellant argued (1) the Commission's "scenic view" rule, 94-412 C.M.R. ch. 103, 2(G)(3), is unconstitutionally void for vagueness and conflicts with the Saco River Corridor Act, Me. Rev. Stat. 38, 951-959; and (2) the Commission's decision to deny the permit was not supported by substantial evidence. The Supreme Judicial Court affirmed, holding (1) the "scenic view" rule does not conflict with the Act, nor is it unconstitutionally void for vagueness; and (2) the Commission's decision was supported by substantial evidence. View "Ouellette v. Saco River Corridor Commission" on Justia Law

by
The Supreme Judicial Court vacated the judgment of the superior court affirming the decision of the Town of Boothbay Harbor's Board of Appeals (BOA) denying 29 McKown, LLC's administrative appeal from a code enforcement officer's (CEO) decision to life a stop work order he had issued to Harbor Crossing during the construction of the building, holding that 29 McKown was deprived of administrative due process.In this case concerning a real estate office building constructed by Harbor Crossing in Boothbay Harbor, 29 McKown sought review of the denial of its McKown's appeal. The superior court affirmed the BOA's decision. The Supreme Judicial Court vacated the order below, holding (1) 29 McKown was deprived of administrative due process; and (2) the CEO did not issue a judicially-reviewable decision in lifting the stop work order. View "29 McKown LLC v. Town of Boothbay Harbor" on Justia Law

by
The Supreme Judicial Court vacated the order entered by the superior court affirming the decision of the Town of Old Orchard Beach to deny Appellant's application to build a greenhouse in the front yard of her residential property, holding that Appellant was not prevented from building a greenhouse in her front yard.The Town's code enforcement officer denied Appellant's application because "an accessory structure cannot be located in the front yard." The Town's Zoning Board of Appeals upheld the denial, concluding that a particular provision of the Town's Zoning Ordinance prohibited Appellant from building the structure in her front yard. The Supreme Judicial Court vacated the order below, holding that the provision at issue did not prevent Appellant from building a greenhouse in her front yard. View "Zappia v. Town of Old Orchard Beach" on Justia Law

by
The Supreme Judicial Court vacated the judgment of the superior court dismissing with prejudice Plaintiff's complaint seeking judicial review of a decision of the Town of Kennebunkport's code enforcement officer (CEO) and a declaratory judgment, holding that the court should have dismissed Plaintiff's complaint without prejudice.At issue was a decision of the CEO to life the CEO's previous suspension of building and land use permits issued to Plaintiff's neighbors, Lori Bell and John Scannell, and a declaratory judgment that structures on Bell and Scannell's property violated certain municipal ordinances. The superior court dismissed the complaint with prejudice. On appeal, Defendant argued that the court should have instead dismissed his complaint without prejudice. The Supreme Judicial Court vacated the lower court's judgment and remanded for a dismissal without prejudice, holding that Me. R. Civ. P. 41(a)(1) did not authorize dismissal with prejudice. View "Slager v. Bell" on Justia Law

by
The Supreme Court vacated the judgment of the superior court reversing the decision of the Board of Appeals affirming the Town of China code enforcement officer's (CEO) issuance of an after-the-fact permit to allow the placement of a trailer on Nicholas Namer's lot, holding that the operative decision of the CEO was deficient for purposes of judicial review.Kimberly and Anthony LaMarre, whose property abutted the lot at issue, objected to the trailer's placement, arguing that the trailer was not a "recreational vehicle" within the meaning of the town's land use ordinance allowing such placement. The Board of Appeals affirmed. The superior court reversed. The Supreme Court vacated the judgment below and remanded the matter with instructions to remand to the code enforcement officer, holding that the CEO's decision was deficient for purposes of judicial review. View "LaMarre v. Town of China" on Justia Law

by
The Supreme Judicial Court vacated the judgment of the superior court affirming a decision of the Town of York Board of Appeals purporting to grant Daniel and Susan Raposa's appeal from a decision of the Town's Code Enforcement Officer (CEO), holding that because the Board's written findings of fact directly nullified its decision to grant the appeal, the matter must be remanded for further proceedings.The Raposas contacted the Town's CEO to express their concern that Joshua Gammon's use of his property was not consistent with his predecessor's lawful nonconforming use. The CEO determined that Gammon's operation of his business on his property was not a change in use from his predecessor's use of the property. On appeal, the Board granted the Raposas' appeal as to the change-of-use issue. In the Board's written decision, however, the Board stated, "The use of the lot by Mr. Gammon's landscaping business does not constitute a change of use but is an intensification of the same use." The superior court affirmed, concluding that the Board's written decision was the operative decision for judicial review. The Supreme Judicial Court held that because the Board's written decision contained factual findings directly contradicting its initial decision, the matter must be remanded for further proceedings. View "Raposa v. Town of York" on Justia Law

by
The Supreme Judicial Court affirmed the judgment of the business and consumer docket vacating a decision by the Town of Lamoine Board of Appeals that reversed the Town Planning Board's denial of Hard MacQuinn, Inc.'s application for a permit under the Town's site plan review ordinance and affirming and reinstating the Planning Board's decision, holding that the lower court did not err.Specifically, the Supreme Judicial Court held (1) the Me. R. Civ. P. 80B complaint filed by Friends of Lamoine and Jeffrey Dow as Trustee for the Tweedie Trust was timely; (2) the Board of Appeals properly conducted appellate review of the site plan permit decision rather than de novo review; (3) the Planning Board’s findings in denying the permit were supported by substantial evidence; and (4) MacQuinn's argument that the Planning Board should have waived a criterion of the ordinance as duplicative or inapplicable did not require discussion. View "Friends of Lamoine v. Town of Lamoine" on Justia Law

by
The Supreme Judicial Court vacated the order of the district court granting the Town of Gorham's motion to enforce a consent decree entered earlier in a land-use dispute, holding that there was not a proper record to support the trial court's findings.The Town filed a land-use enforcement claim in the district court charging Defendants with violations of the Gorham Land Use and Development Code. The parties settled the dispute by agreeing to terms set forth in a consent decree, and the trial court ordered the consent decree to be entered as a judgment. The Town then filed a motion to enforce the consent decree, alleging noncompliance on the part of Defendants. The court granted the Town's motion. The Supreme Judicial Court vacated the judgment below, holding that the court order was not supported by competent evidence in the record. View "Town of Gorham v. Duchaine" on Justia Law

by
The Supreme Judicial Court vacated the judgment of the Business and Consumer Docket (BCD) in favor of the Town of Bar Harbor on Landowners' complaint seeking a declaratory judgment that the Town's Zoning Ordinance Amendment was invalid, holding that Landowners failed to demonstrate a particularized injury and commenced this action prematurely.The Department of Environmental Protection (DEP) issued an order approving the Amendment, which changed the Town's Land Use Ordinance by, among other things, creating a new Shoreland Maritime Activities District that would apply to the Town's Ferry Terminal Property. Landowners, individuals whose properties had views overlooking the waters adjacent to the Town's Ferry Terminal Property, sought a declaratory judgment that the Amendment was invalid. The BCD entered judgment for the Town. Landowners appealed, arguing that the Amendment was inconsistent with state law and that the court erred in deferring to the order of the DEP in approving the Amendment. The Supreme Judicial Court vacated the court's judgment on standing and ripeness grounds and remanded the case for dismissal without prejudice, holding that Landowners lacked standing to challenge the Amendment and that their claim was not ripe. View "Blanchard v. Town of Bar Harbor" on Justia Law