Justia Zoning, Planning & Land Use Opinion Summaries

The Supreme Judicial Court affirmed the order of the superior court dismissing Plaintiffs’ complaint but vacated the order imposing sanctions on Plaintiffs, holding that the superior court abused its discretion in imposing sanctions.After the Town of Arundel Planning Board denied an application to renew a conditional use permit submitted by Dubois Livestock Inc., Plaintiffs - Marcel Dubois and Sol Fedder - filed this complaint against the Town, individual members of the Planning Board, and the Town Planner, alleging that the Planning Board met at an illegal executive session or sessions. The superior court dismissed the complaint for lack of standing and failure to state a claim. The superior court then granted Defendants attorney fees and costs. The Supreme Judicial Court held (1) the superior court did not err in dismissing the complaint because Plaintiffs lacked standing to pursue a Me. R. Civ. P. 80B complaint, and the complaint failed to state a claim under the Freedom of Access Act, Me. Rev. Stat. 1, 400-414; and (2) the superior court’s imposition of sanctions pursuant to Me. R. Civ. P. 11 was an abuse of discretion. View "Dubois v. Town of Arundel" on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court finding that the City of Portland had proved that Appellant, the owner of an apartment building, had violated violated fire, electrical, and life safety provisions of Maine statutes and the Portland City Code, holding that the record supported the court’s decision.The City notified Appellant of code violations on eight occasions, but Appellant did not remedy significant violations that endangered her tenants. Ultimately, the City commenced an enforcement action. After a trial that Appellant failed to attend, the court found that the City had proved multiple code violations. The court imposed penalties on Appellant of more than $500,000, plus costs and attorneys fees. On appeal, Appellant challenged the district court’s determination of the penalties. The Supreme Judicial Court affirmed, holding that the court correctly applied the statute governing penalties, Me. Rev. Stat. 30-A, 4452(3)(E). View "City of Portland v. Chau" on Justia Law

The Supreme Judicial Court affirmed the judgment of the district court in favor of the Town of Mount Vernon on its land use violation complaint filed pursuant to Me. Rev. Stat. 30-A, 4452 and Me. R. Civ. P. 80K, holding that a generator on Landowners’ property was a structure and thus must meet the requirements of the Town’s Land Use Ordinance regarding structures.On appeal from a decision of the Town’s code enforcement officer, the Mount Vernon Board of Appeals determined that a relatively large generator that Landowners had installed on their small lot was a “structure” under the Ordinance. When Landowners failed to comply with the Towns’ request for the removal of the generator, the Town filed a land use violation complaint. The district court determined that the Board’s decision was res judicata as to whether the generator met the definition of “structure” in the Ordinance and found Landowners in violation of the Ordinance, assessing penalty and attorney fees. The Supreme Judicial Court affirmed, holding (1) the district court correctly determined that the Board’s decision was binding on Landowners; and (2) the court did not err in finding that Landowners were in violation of the Ordinance and assessing a penalty. View "Town of Mount Vernon v. Landherr" on Justia Law

The Supreme Judicial Court affirmed the judgment of the superior court affirming, pursuant to Me. R. Civ. P. 80B, the Town of Wiscasset Planning Board’s approval of Allen and Melissa Cohen’s application to expand a building used for the Cohens’ business and dismissed the appeal of the judgments entered for the Town on Kathleen and Thomas Bryant’s independent claims.After the Planning Board approved the Cohens’ site plan review application, the Bryants appealed. The Board of Appeals denied the Bryants’ appeal. The Bryants appealed the Planning Board’s decision to the superior court pursuant to Rule 80B. They also brought three independent claims - two separate counts alleging that the Town had violated their due process rights by denying them notice and an opportunity to be heard and a third count seeking declaratory relief. The superior court affirmed the Planning Board’s decision on the Braynts’ Rule 80B appeal, entered judgments for the Town on the violation of due process claims, and dismissed the count seeking declaratory relief for lack of subject matter jurisdiction. The Supreme Judicial Court (1) affirmed with respect to the Rule 80B appeal, holding that the Planning Board did not err in approving the Cohens’ application; and (2) dismissed as moot the appeals with respect to the judgments on the independent claims. View "Bryant v. Town of Wiscasset" on Justia Law

The Supreme Judicial Court vacated the judgment of the superior court affirming a decision of the Cape Elizabeth Zoning Board of Appeals (ZBA), which determined that the Cape Elizabeth Code Enforcement Officer (CEO) had properly issued a building permit to Cunner Lane LLC. An abutting property owner appealed. The court remanded the case for the CEO to deny the application, holding that there was no competent evidence in the record showing that Cunner Lane LLC’s permit application met the requirements of Cape Elizabeth, Me. Zoning Ordinance 19-7-9(A)(2). View "Fissmer v. Town of Cape Elizabeth" on Justia Law

The Supreme Judicial Court vacated the judgment of the superior court affirming the Cape Elizabeth Code Enforcement Officer’s (CEO) issuance of a building permit, holding that the CEO’s decision granting the permit lacked sufficient factual findings to permit meaningful review.The owner of property abutting the property at issue appealed the CEO’s grant of the building permit to the Town Zoning Board of Appeals (ZBA). The ZBA affirmed the CEO’s decision. The superior court affirmed. The Supreme Judicial Court vacated the superior court’s judgment and remanded the matter, holding that the COE’s grant of the building permit was the operative decision and that decision lacked sufficient factual findings to permit meaningful appellate review. View "Appletree Cottage, LLC v. Town of Cape Elizabeth" on Justia Law

The Supreme Judicial Court affirmed the judgment of the superior court affirming a decision of the Town of North Haven Board of Appeals that upheld a permit issued by the Town of North Haven Planning Board to Nebo Lodge, Inc. and Nebo Real Estate, LLC. The court held (1) the North Haven Board of Appeals (BOA) did not err in interpreting various provisions in North Haven’s ordinance; and (2) the permit review process did not violate the due process rights of Steven Wolfram, who opposed the applications, because there was a dearth of evidence that the BOA decision was the product of bias or procedural unfairness. View "Wolfram v. Town of North Haven" on Justia Law

The Supreme Judicial Court affirmed the judgment of the superior court affirming the Town of Kittery Planning Board’s approval of a site plan application for development of a hotel on Route 1. The court held (1) the Board’s finding that a pitched roof for the building was not practicable was supported by substantial evidence, and the Board was authorized to approve a flat-roof design under the circumstances; (2) regarding the height of the building, the Board did not err in its application of the zoning ordinance’s height restrictions; and (3) the Board’s decision regarding the roof design and building height did not amount to a variance. View "Balano v. Town of Kittery" on Justia Law

The Town of Cumberland applied for site plan review of a proposed development involving Broad Cove Reserve property that it owned. The Town of Cumberland Board of Adjustment and Appeals determined that the Town’s proposed development was permitted within the Low Density Residential district as a municipal use. The Estate of Merrill P. Robbins, which owned land abutting the Broad Cove Reserve property, appealed, arguing that the Town’s development was prohibited under the terms of the relevant ordinance. The superior court affirmed, concluding that the plain language of the ordinance supported the Board of Adjustment and Appeals’ determination. The Supreme Judicial Court affirmed, holding that the meaning of “municipal use” as used in the ordinance was unambiguous and that the Town’s proposed facility was allowed under the terms of the ordinance. View "Estate of Merrill P. Robbins v. Town of Cumberland" on Justia Law

After a public hearing, the Town of Stockton Spring’s Board of Selectman determined that a structure owned by Hollie Beal was a dangerous building or nuisance pursuant to Me. Rev. Stat. 17, 2851. The superior court affirmed the decision of the Board. The Supreme Judicial Court affirmed, holding (1) Beal’s contention that the Board violated her due process rights when it allegedly denied her the opportunity to be heard, to cross-examine witnesses, and to have an impartial fact-finder was unavailing; and (2) there was substantial evidence in the record to support the Board’s findings. View "Beal v. Town of Stockton Springs" on Justia Law