Opinion

Penkul v. Town of Lebanon

Court
Superior Court of Maine
Filed
Sep 24, 2013
Status
Unpublished
On the bench
Paul A. Fritzsche
Cited by
0 cases
Authority
More cited than 34.2%

The opinion

STATE OF MAINE SUPERIOR COURT

CIVIL ACTION

YORK, ss. DOCKET NO. AP-13-16 (

Pf1 F -YDR- ~P"'I ]_Oiy

LINDA PENKUL,

Plaintiff

v. PROCEDURAL ORDER

TOWN OF LEBANON,

Defendant

Ms. Penkul has filed an appeal from the decision of the Town of Lebanon, which

denied her request for an abatement of her real estate taxes due to hardship or poverty.

See 36 M.R.S.A. §841(2). The Selectmen denied her request in a brief letter of April 2,

2013. That decision was upheld by the York County Commissioners at its regular

meeting of May 15, 2013. This appeal followed.

The appeal in the Superior Court has become more complex than necessary.

The decisions of both the Commissioners and the Town do not adequately explain their

reasoning and are possibly erroneous as a matter of law. The record for review is

sparse.

The entry is:

Remanded to the Lebanon Board of Selectmen for further review in light

of Macaro v. Town of Windham, 468 A.2d 604 (Me. 1983). A record shall be

developed which will indicate what Ms. Penkul's income and expenses

are.

The decision by the Selectmen following remand shall indicate what the

decision is and why the decision was made. If Ms. Penkul is not satisfied

with the Town's decision she may request further review by the

Commissioners. The Superior Court shall retain jurisdiction in the event

that further review is requested.

In the event that the case returns to the Superior Court, the record shall be

filed under seal to protect the plaintiff's private financial information.

Should the case return to the Superior Court, the parties shall work

together to prepare a record and shall submit a draft order establishing a

briefing schedule.

Dated: September 24, 2013

Paul A. Fritzsche

Justice, Superior Court

2

PLAINTIFF IS PRO SE

LINDA PENKUL

38 NEW BRIDGE ROAD

LEBANON ME 04027

ATTORNEY FOR DEFENDANT:

ALANE SHEPARD

SHEPARD & READ

93 MAIN STREET

KENNEBUNK ME 04043

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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