The opinion
STATE OF MAINE SUPERIOR COURT
YORK, SS. CIVTI. ACTION
DOCKET NO. AP-15-7
MARY THRON, et al.,
Plaintiffs,
v. ORDER
TOWN OF KITTERY,
Defendant.
Plaintiffs bring this Rule 80B appeal from a decision by the Town of Kittery
Board of Assessment Review denying tax abatements for alleged overvaluation of their
properties. The Town has moved to remand the matter to the Board for further findings of
fact and conclusions of law.
The findings underpinning the Board's decision cannot be inferred from the
notice of decision. Without the Board's findings or conclusions, this court cannot engage
in meaningful review of the decision. This matter is therefore appropriate for remand. See
Hartwell v. Town of Ogunquit, 2015 ME 51, ~ 14, 115 A.3d 81 ("[W]hen an
administrative board or agency fails to make sufficient and clear findings of fact and such
findings are necessary for judicial review, we will remand the matter to the agency or
board to make the findings.") (citation omitted).
1
The entry shall be:
Defendant's motion to remand is hereby GRANTED.
SO ORDERED.
DATE: October .L_(z, 2015
John O'Neil, Jr.
Justice, Superior Court
2
AP-15-07
ATTORNEY FOR PLAINTIFF:
HARRY B CENTER II
WOODMAN EDMANDS DANYLIK AUSTIN
POBOX468
BIDDEFORD ME 04005
ATTORNEY FOR DEFENDANT:
DUNCAN A MCEACHERN
DUNCAN MCEACHERN & DAN W THORNHILL
POBOX360
KITTERY ME 03904