Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Fissmer v. Town of Cape Elizabeth

Superior Court of Maine, Cumberland

November 21, 2016

LESLIE FISSMER, Individually and as Trustee of the LESLIE S. FISSMER REVOCABLE TRUST, Petitioner,
v.
TOWN OF CAPE ELIZABETH and CUNNER LANE, LLC, Respondents.

          80B JUDGMENT

          Lance Walker Justice, Superior Court

         Before the Court is Petitioner's Petition for 80B Review of Governmental Action.

         I. Background

         This is the second time the Court has reviewed an appeal of governmental action filed by Petitioners concerning the Cape Elizabeth Zoning Board of Appeals' (the "Board") issuance of a building permit to Respondent Cunner Lane, LLC. Petitioners first filed a review of building permit on June 19, 2015. The facts of that case can be found in the Court's order dated May 17, 2016.

         In the 2015 petition, the Petitioners raised two main arguments. First, whether the Public Access Waiver issued for 21 Cunner Lane in 1997 continues to be valid today in place of the requirements established by amendments to the Town of Cape Elizabeth Zoning Ordinance (the "Ordinance"). Second, assuming that the Public Access Waiver is not still valid, whether 19 Cunner Lane meets the requirements of the current Ordinance.

         The Court remanded the case to the Board for further findings of fact. On remand, the Board found the following additional facts:

4. The Board finds that the 1997 Public Access Waiver remains valid
5. Notwithstanding the Cape Elizabeth Planning's (sic) Board grant of a Public Access Waiver in 1997 on February 23, 2010, the owner of 19 Cunner Lane was advised by the Code Enforcement Officer that he must meet the requirements of Section 19-7-9Al and Section 19-7-9A2 of the Zoning Ordinance now in effect to provide access to, and street frontage for, a residential lot before a building permit would issue.
6. There is no dispute that the owner of 19 Cunner Lane has met the requirements of Section 19-7-9A1 of the Zoning Ordinance.
7. By virtue of the Declaration of Covenants with Respect to Road Maintenance Individual executed by the owner of 19 Cunner Lane and recorded in Cumberland County Registry of Deeds Book 27717, Page 215 on April 20, 2010, the owner of 19 Cunner Lane has met the requirements of 19-7-9A2.
8. Inasmuch as the owner of 19 Cunner Lane has met the requirements of Section 19-7-9A1 and Section 19-7-9A2 of the Zoning Ordinance, the Code Enforcement Officer did not err by approving building permit number 150401 to construct a single family dwelling on a vacant lot at 19 Cunner Lane Tax Map U14 Lot 26-1.

(R. at 417).

         Petitioner now challenges the issuance of the building permit to Respondent Cunner Lane, LLC on the grounds that there is no evidence in the record supporting a finding that Cunner Lane, LLC has met the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.