Opinion

Larrivee v. Timmons

  • 525 A.2d 1037
  • 1987 Me. LEXIS 733
Court
Supreme Judicial Court of Maine
Filed
May 20, 1987
Status
Published
On the bench
Clifford, Glassman, McKusick, Nichols, Roberts, Scolnik, Wathen
Cited by
2 cases
Authority
More cited than 63.7%

The opinion

MEMORANDUM OF DECISION.

Plaintiffs, residents and property owners in Windham, appeal an order of the Superi- or Court (Cumberland County) affirming a decision of the Windham Planning Board granting approval of a subdivision plan proposed by Arcadia Company. On appeal, plaintiffs make two contentions. First, the Board erroneously failed to issue explicit findings to support its decision. Second, the Board’s refusal to allow cross-examination and rebuttal evidence at the final hearing on Arcadia’s plan denied them due process. We hold that because the record reveals that the Board considered all the applicable criteria, the failure to issue findings is not reversible error. Cunningham v. Kittery Planning Board, 400 A.2d 1070, 1079 (Me.1979). We further hold that the record does not reveal a denial of due process.

The entry is:

Judgment affirmed.

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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