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Desfosses v. City of Saco

Supreme Judicial Court of Maine

November 24, 2015

THERESA DESFOSSES
v.
CITY OF SACO et al

Argued September 18, 2015

Judgment of the Superior Court vacated and remanded with instructions to enter an order (1) remanding Desfosses's appeal of the approval of the site plan amendment to the City of Saco Planning Board for consideration on the merits, and (2) remanding Desfosses's appeal of the issuance of the certificate of occupancy to the City of Saco Zoning Board of Appeals for consideration on the merits.

On the briefs:

C. Alan Beagle, Esq., Beagle, Steeves & Ridge, LLC, Portland, for appellant Theresa Desfosses.

Timothy S. Murphy, Esq., Prescott Jamieson Murphy Law Group, LLC, Saco, for appellee City of Saco.

David M. Hirshon, Esq., and Marshall J. Tinkle, Esq., Hirshon Law Group, PC, Portland, for appellee WWS Properties, LLC.

At oral argument:

C. Alan Beagle, Esq., for appellant Theresa Desfosses.

Marshall J. Tinkle, Esq, for appellee WWS Properties, LLC.

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

OPINION

Page 649

GORMAN, J.

[¶1] Theresa Desfosses appeals from a decision of the Superior Court (York County, Fritzsche, J. ) affirming, pursuant to M.R. Civ. P. 80B, the decisions of the City of Saco Planning Board and Zoning Board of Appeals (ZBA) on Desfosses's challenges to three City decisions issued in connection with the construction of a car dealership by WWS Properties, LLC. Desfosses challenges the Planning Board's and the ZBA's conclusions that each lacked jurisdiction to review the City Planner's grant of an amendment to WWS's approved site plan. She also challenges the ZBA's determination that it did not have jurisdiction to consider her appeal of the certificate of occupancy issued to WWS. We vacate the judgment.

I. BACKGROUND

[¶2] The parties do not dispute the relevant procedural facts. On June 25, 2013, WWS obtained site plan approval from the Planning Board to construct a large building and accompanying parking lots on a parcel of property on Route One in Saco, where WWS planned to operate a car dealership. Among the conditions of the approval was the following: " No deviations from the approved plans are permitted without prior approval from the Planning Board for major changes, and from the City Planner for minor changes. The determination of major or minor shall be made by the City Planner." See Saco, Me., Zoning Ordinance § 1107 (Feb. 17, 2004)

Page 650

(authorizing the imposition of conditions of approval in a site plan). Another condition, ...


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