Opinion

Reynolds v. Inhabs. of the Town of Gorham

Court
Superior Court of Maine
Filed
Aug 27, 2002
Status
Unpublished
On the bench
Robert E. Crowley
Cited by
0 cases

The opinion

STATE OF MAINE SUPERIOR COURT

CUMBERLAND, ss. CIVIL ACTION

DOCKET NO. AP 01-29 fo

peo Sos AP 02-04

CRAIG REYNOLDS and

DIANNE REYNOLDS

Plaintiffs ORDER ON 80B APPEAL

“ DONALD L. GARBRECHT

INHABITANTS OF THE TOWN LAW LIBRARY

OF GORHAM

SEP 9 2002

Defendant

FACTUAL BACKGROUND

This matter is before the court on a Rule 80B appeal by the plaintiffs from the

decision of the Planning Board for the Town of Gorham (“Board”), in which the Board

determined, after remand from a decision of this Court (Reynolds v. Inhabitants of the

Town of Gorham, AP-01-29 (Me. Super. Ct., Cum. Cty., December 20, 2001) (Warren,

J.)), that it had only approved the amendment to Lot 3 of the Riverwood Subdivision

and had not approved the final design or construction plan for a proposed trail.

The plaintiffs own Lot 1 in Riverwood Subdivision. $.B. Gorham, Inc. owns Lot

3 in Riverwood Subdivision, which lot abuts the plaintiffs’ property. Shaw Brothers

Construction, Inc. filed a multi-part application for site plan review that, in part, sought

to amend the Riverwood Subdivision to create an easement to be used as a public trail

to be developed by Maine Department of Transportation. S.B. Gorham Inc. and Shaw

Brothers Construction Inc. have the same two owners, Jon and Dan Shaw. R. 21. Dan

Shaw, President of S.B. Gorham, Inc., appeared before the Board on behalf of Shaw

Brothers Construction, Inc. On December 20, 2001, the Superior Court (Warren, J.)

remanded the matter to the Board for supplementing the record or, in the alternative,

determining that the May 21, 2001 Board approval was limited to the easement across

Lot 3." On January 7, 2002, the Board concluded that at the prior meeting on May 21,

2001, the Board only approved the amendment to Lot 3 of the subdivision and not the

proposed final design and construction plan. The Plaintiffs seek review of the Board

decision alleging that the Board erred in determining that its first decision approved

only the easement, rather than approving the actual construction design for a portion

of the Mountain Division Trail on the easement.

DISCUSSION

On remand, the Board concluded at the January 7, 2002 that it had only approved

the amendment to the lot in the subdivision in the May 21, 2001 meeting. The plaintiffs

argue that although the Board concluded they had not reached a decision on the final

trail design or construction plan, the Board did in fact reach such a decision due to the

scope of the information considered at the May 21* hearing and the subsequent actions

of the Board and its staff. However, the Board concluded explicitly that they have not

approved the final design or construction plans for the trail. R. 32. Therefore, both the

plaintiffs and defendants are left with that determination. If construction commences

on the trail without further approval by the Board or, following an adverse decision by

the Board concerning the final design and construction plan approval, the plaintiffs may

then seek judicial relief.

' Justice Warren stated:

If the Planning Board amends its approval of the subdivision plan amendment to

specify that such approval is limited to the creation of an easement and conditions

that approval on a requirement that a plan for design and construction of the actual

trail across Lot 3 must be submitted for approval in the future, it need not address any

issues that are premature in the absence of a design for construction of the trail.

The entry is

The decision of the Town of Gorham Planning Board is AFFIRMED.

204A

Dated at Portland, Maine this J6th day of August 2002.

)

“ ~ Robert E. Crowley

Justice, Superior Court

Reynolds v. Inhabitants of the Town of Gorham, AP-01-29 (Me. Super. Ct., Cum. Cty.,

December 20, 2001) (Warren, J.)

ee

02-04-02 Cumberland AP-02-004

Date Filed Docket No.

County cons. w/ AP-0Q1-29

Acti RULE 80B APPEAL

ction

CRAIG REYNOLDS TOWN OF GORHAM

DIANNE REYNOLDS 5.B. GORHAM, INC.

VS. SHAW BROTHER'S CONSTRUCTION, INC

Plaintiff's Attorney Defendant’s Attorney

MURROUGH H. O'BRIEN, ESQ. NATALIE L. BURNS, ESQ. (Town of Gorham)

P.O. Box 370 P.O. Box 4510

Portland, ME 04112 Portland, ME 04112

(207) 774-4130 (207) 775-7271

Date of

Entry

2002

Feb. 4 Received 02-04-02:

Summary Sheet filed.

" " Rule 80B Complaint filed.

Feb. 5 On 2-5-02.

Briefing schedule mailed. Plaintiff's brief and recrod due 3-18-02.

Feb. 15 Received 02-15-02:

Defendant Town of Gorham's Motion to Consolidate Actions and Incorporated

Memorandum of Law filed.

" " Defendant Town of Gorham's Proposed Order filed.

Feb. 25 Received 02-22-02:

Entry of Appearance of Natalie L. Burns, Esq. on behalf of Town of Gorham

filed.

March 4 Received 2-28-02.

Order on Motion to Consolidate filed. (Crowley, J.)

There being no opposition, Defendant Town of Gorham's Motion to

Consolidate the matters in Docket Numbers AP-01-29 and AP-02-04 are

hereby consoliated pursuant to M.R.Civ.42. This consolidated Rule 80B

appeal shall be subject to the following briefing schedule:

1. Plaintiffs' Brief and Rule 80B record due on March 13, 2002.

2. Defendant's Brief due 14 days after service of Plaintiffs' Brief.

If the Parties-in-Interest choose to file a responsive brief, it will

be due at the same time as Defendant's brief.

3. Plaintiffs' Reply Brief due 14 days after service of Defendant's

Brief.

Copies mailed Murrough O'Brien, Esq., Natalie Burns, Esq., William Dale,

Esq. and John Bannon, Esq. on 3-4-02.

March 13 Received 03-13-02:

Plaintiffs' Brief filed.

" " Plaintiffs' Record filed.

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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