Opinion

Town of Gouldsboro v. Doggett

Court
Superior Court of Maine
Filed
Nov 12, 2002
Status
Unpublished
On the bench
Joseph M. Jabar
Cited by
0 cases
Authority
More cited than 34.1%

The opinion

STATE OF MAINE SUPERIOR COURT

HANCOCK, ss. CIVIL ACTION

_HANSC-AP-02-10,

TOWN OF GOULDSBORO, _—s+*) .

Appellant ) DONALD L GARBRECHT

v. ) ORDER LAW LIBRARY

JANE DAVIS DOGGETT, NOV 19 ap

Appellee )

Pending before the Court is the Town of Gouldsboro’s (Appellant) MLR. Civ. P.

Rule 80(B) Appeal from the Town of Gouldsboro Zoning Board of Appeals’ (Board)

decision granting a variance to Jane Davis Doggett (Appellee). Wayne R. Foote, Esq.,

for the Town of Gouldsboro and Peter R. Roy, Esq., for Jane Davis Doggett.

The record reveals that on May 14, 2002, the Court, acting on Docket Number

AP-01-12, vacated the Board’s decision denying the Appellee’s variance and remanded

the matter to the Board for a hearing upon the reconsideration issue upon proper notice to

all parties within 30 days of receipt of notice of the decision. The record further indicates

that the Board did not hold a hearing upon the reconsideration and instead tabled the

issue. In general, if a party deviates from a court order, they are subject to reversal in a

subsequent proceeding. Gagne v. Town of Dresden, 2002 WL 273648, *4 (Me. Super.

Ct. 2002) (citing Sullivan v. Hudson, 490 U.S. 877, 886 (1989). The Court has the power

to make sure parties follow prior mandates. Id. See generally Department of Human

Services v. Monty, 2000 ME 96, {7, 750 A.2d 1276, 1278. MLR. Civ. P. 80(B)(c)

provides the court may “affirm, reverse, or modify the decision under review or may

remand the case to the governmental agency for further proceedings.” Therefore, the

Board’s decision to table the issue is vacated and this matter is remanded to the Board for

a hearing in accordance with the prior Court order. This Court will retain jurisdiction

pending the Board’s action.

Dated: }{-5-

ated: ISO FILED &

ENTERED

NOV 12 2002

SUPERIOR COURT

HANCOCK COUNTY

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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