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Witham Family Ltd. Partnership v. Town of Bar Harbor

Supreme Judicial Court of Maine

February 5, 2015

THE WITHAM FAMILY LIMITED PARTNERSHIP
v.
TOWN OF BAR HARBOR et al

Argued September 4, 2014

On the briefs:

 John C. Bannon, Esq., and John B. Shumadine, Esq., Murray, Plumb & Murray, Portland, for appellant The Witham Family Limited Partnership.

William B. Devoe, Esq., P. Andrew Hamilton, Esq., and Jonathan A. Pottle, Esq., Eaton Peabody, Bangor, for appellee North-South Corporation.

The Town of Bar Harbor did not file a brief.

At oral argument:

John C. Bannon, Esq., for appellant The Witham Family Limited Partnership.

P. Andrew Hamilton, Esq., for appellee North-South Corporation.

Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ[*]

OPINION

Page 643

SAUFLEY, C.J.

[¶1] The Witham Family Limited Partnership appeals from a judgment entered in the Business and Consumer Docket ( Nivison, J.) affirming two May 2010 decisions of the Bar Harbor Appeals Board that required the Bar Harbor Planning Board to approve a site plan for construction of a hotel on land abutting Witham's land in Bar Harbor. Witham did not, however, appeal from a May 2010 decision of the Planning Board, on remand from the Appeals Board, that contained new findings and resulted in site plan approval, or from the Planning Board's May 2012 approval of an amended site plan. Because Witham did not appeal from the Planning Board's May 2010 or May 2012 site plan approvals that apparently resulted in the construction of the West Street Hotel, which has been operating since 2012, we dismiss Witham's appeal as moot.

I. BACKGROUND

[¶2] On March 17, 2010, the Bar Harbor Planning Board denied the application of North South Corporation, LLC, for site plan approval to construct a 102-room hotel on property that abuts land owned by the Witham Family Limited Partnership. See Witham Family Ltd. P'ship v. Town of Bar Harbor, 2011 ME 104, ¶ ¶ 1-2, 30 A.3d 811. The Planning Board denied the application, finding that the hotel would exceed the Bar Harbor Land Use Ordinance's height requirements. North South appealed from the Planning Board's denial to the Bar Harbor Appeals Board. Separately, Witham appealed ...


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