# South Portland Shipyard & Marine Railway Corp. v. City of South Portland

> Supreme Judicial Court of Maine · October 17, 1990 · 581 A.2d 414

URL: https://www.frixlaw.com/law-library/cases/4948704

## Case

- **Full name:** SOUTH PORTLAND SHIPYARD and MARINE RAILWAY CORP. v. CITY OF SOUTH PORTLAND
- **Court:** Supreme Judicial Court of Maine
- **Decided:** October 17, 1990
- **Citations:** 581 A.2d 414; 1990 Me. LEXIS 255
- **Precedential status:** Published
- **Opinion:** Opinion of the court
- **Judges:** Brody, Clifford, Collins, Glassman, McKusick, Roberts, Wathen
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4948704

## Opinion text

PER CURIAM.
South Portland Shipyard and Marine Railway Corp. (“the Shipyard”) appeals from the dismissal in the Superior Court (Cumberland County, Perkins, J.) of its M.R.Civ.P. 80B appeal of a decision of the South Portland Board of Appeals. The Superior Court did not abuse its discretion when it dismissed the case for want of prosecution, finding no excusable neglect when the Shipyard failed to file its brief and the record for nearly six months after the deadline imposed by M.R.Civ.P. 80B(g). Kirkpatrick v. City of Bangor, 517 A.2d 320 (Me.1986); Haskell v. Phinney, 460 A.2d 1354 (Me.1983). Because the Shipyard could not reasonably have expected to *415 prevail in this appeal, we assess sanctions for a frivolous appeal as authorized by M.R.Civ.P. 76(f). Kirkpatrick, 517 A.2d at 321-322 .
The entry is:
Judgment affirmed.
Defendants are awarded treble costs and $500 toward their attorney fees.
All concurring.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4948704. Public record. Not legal advice.