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Hartwell v. Town of Ogunquit

Supreme Judicial Court of Maine

May 5, 2015

JAMES HARTWELL et al.
v.
TOWN OF OGUNQUIT et al

Argued February 11, 2015.

Judgment of the Superior Court affirmed with respect to design review approval. Judgment of the Superior Court vacated with respect to site plan review approval. Remanded to the Superior Court with instructions to remand to the Board for further proceedings consistent with this opinion.

On the briefs:

Durward W. Parkinson, Esq., and Leah B. Rachin, Esq., Bergen & Parkinson, LLC, Kennebunk, for appellant Wayne C. Perkins.

John C. Bannon, Esq., and John B. Shumadine, Esq., Murray, Plumb, and Murray, Portland, for appellees James and Patricia Hartwell.

At oral argument:

Durward W. Parkinson, Esq., for appellant Wayne C. Perkins.

John B. Shumadine, Esq., for appellees James and Patricia Hartwell.

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

OPINION

Page 82

SAUFLEY, C.J.

[¶1] Amid continuing concerns regarding the costs and delays associated with the administrative process and appeals in municipal law, we confront this challenge: the inconsistent application of mandatory provisions in local zoning ordinances. Wayne C. Perkins appeals from a judgment entered in the Superior Court (York County, Fritzsche, J. ) vacating the Ogunquit Planning Board's site plan review and design review approval of Perkins's application to convert his garage into a lobster pound. Because Perkins's application fails to comply with one of the Ordinance's requirements for design review, we must affirm the judgment of the Superior Court vacating the design review approval.

[¶2] We address this procedural issue in detail in the hope of assisting towns, applicants, and interested parties in their continued efforts to develop a more predictable ...


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