The opinion
STATE OF MAINE SUPERIOR COURT
CUMBERLAND, ss Pe ve oa CIVIL ACTION
cess a2. be DOCKET NO. AP-00-059
ALLEN BAUER et al, wes OF FIEE NM -cupm (4 /o00'
Plaintiffs dm doc % ou fr "Ol
vs. DECISION AND ORDER
TOWN OF GRAY,
Defendant
The plaintiffs appeal the 6/16/00 decision of the Town of Gray Zoning Board
of Appeals (ZBA). The ZBA affirmed the Code Enforcement Officer’s determination
that the transfer of property between the plaintiffs was a sale and not a gift. See
Exhibits C, F, & G.
The plaintiffs have failed to show that the evidence in the record compels a
conclusion contrary to the one reached by the ZBA. See Two Lights Lobster Shack v.
Town of Cape Elizabeth, 1998 ME 153, 7 5, 712 A.2d 1061, 1063. The ZBA relied on
the Transfer Tax Declaration, sign and sworn to by plaintiff Bauer, and not the
Warranty Deed in making its decision. See Exhibits A & B; Boivin v. Town of
Sanford, 588 A.2d 1197, 1199 (Me. 1991); see also 30-A M.R.S.A. § 4401(4)(D) (1996);
Hyler v. Town of Blue Hill, 570 A.2d 316, 317 (Me. 1990); Affidavit of Plaintiff Bauer,
Exhibit G at 6-7.
The entry is
The Plaintiffs’ Appeal is DENIED. The Decision of the
Town of Gray Zoning Board of Ts is AFFIRMED.
Date: January 1, 2001 dns
Nancy Mills
Justice, Superior Court
Date Filed 07-30-00 CUMBERLAND Docket No. ___AP_ 00-059
County
Action APPEAL 80(B)
ALLEN BAUER TOWN OF GRAY
RODNEY LLOYD
Vs.
Plaintiff's Attom Defendant’s Attorney
WILLIAM » RANY ESQ 282-1527 WILLIAM H. DALE, ESQ 775-7271
PO BOX 1199, SACO, ME 04072 PO BOX 4510, PORTLAND ME 04112
Date of
Entry