Opinion

Shaw v. City of Presque Isle

  • 522 A.2d 1306
  • 1987 Me. LEXIS 659
Court
Supreme Judicial Court of Maine
Filed
Mar 25, 1987
Status
Published
On the bench
Clifford, McKusick, Nichols, Roberts, Scolnik, Wathen
Cited by
0 cases
Authority
More cited than 19.4%

The opinion

*1307 MEMORANDUM OF DECISION.

Plaintiffs, residents of an apartment complex in Presque Isle, appeal an order of the Superior Court (Aroostook County) affirming a decision of the Presque Isle Zoning Board of Appeals (“The Board”) granting Mitchell Trucking, Inc., a variance for a commercial garage on adjacent land. On appeal, plaintiffs contend that the Board’s finding of undue hardship is unsupported by substantial evidence in the record. Mitchell Trucking cross-appeals challenging plaintiffs’ standing to bring this appeal. We hold that plaintiffs have standing and further, that there is no evidence in the record to support a finding of undue hardship. See Leadbetter v. Ferris, 485 A.2d 225 (Me.1984).

The entry is:

Judgment vacated.

Remanded to the Superior Court with instructions to enter an order in favor of the plaintiffs and to vacate the order of the Presque Isle Zoning Board of Appeals granting the variance.

All concurring.

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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