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Brown v. Town of Starks

Supreme Judicial Court of Maine

May 5, 2015

HARRY BROWN et al.
v.
TOWN OF STARKS et al

Argued April 9, 2015.

Lynne Williams, Esq., Bar Harbor, for appellants Cindy and Harry Brown.

Kenneth A. Lexier, Esq., Wright & Mills, P.A., Skowhegan, for appellee Town of Starks.

Mary E. Costigan, Esq., Bernstein Shur, Portland, and Jonathan S. Springer, Esq., Portsmouth, New Hampshire, for appellee Bay Communications II, LLC.

Lynne Williams, Esq., for appellants Cindy and Harry Brown.

Jonathan S. Springer, Esq., for appellee Bay Communications II, LLC.

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

OPINION

Page 1004

PER CURIAM

[¶1] Harry and Cindy Brown appeal from a judgment of the Superior Court (Somerset County, Horton, J. ) affirming the Town of Starks Board of Appeals' (SBA) dismissal of their appeal from a decision of the Town of Starks Planning Board that allowed a cellular telephone tower to be constructed and operated in Starks. The Browns argue that the SBA erred by failing to conduct a de novo review of the Planning Board's decision.[1] Because the Browns failed to preserve this issue for appeal, we affirm.

I. BACKGROUND

[¶2] On June 5, 2013, Bay Communications II, LLC (Bay) applied to the Town of Starks Planning Board for site plan approval to build and operate a cellular telephone tower on property located on Abijah Hill Road. Harry and Cindy Brown own property that abuts the parcel on which the tower would be placed. After holding a public hearing on Bay's application in which the Browns participated, the Planning Board members unanimously voted to approve Bay's application.

[¶3] On September 19, 2013, the Browns filed an application to appeal the Planning Board's decision to the SBA. During an October 17 meeting, the Town's attorney ...


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