Opinion

Viles v. Town of Embden

  • 2006 Me. 107
  • 905 A.2d 298
  • 2006 ME 107
  • 2006 Me. LEXIS 126
Court
Supreme Judicial Court of Maine
Filed
Aug 31, 2006
Status
Published
Author
Levy
On the bench
Alexander, Calkins, Clifford, Levy, Saufley, Silver
Cited by
27 cases
Authority
More cited than 9.8%

noting that we review a court’s application of the good cause exception for an abuse of discretion and identifying factors to be considered

How later courts described this case

  • noting that we review a court’s application of the good cause exception for an abuse of discretion and identifying factors to be considered
  • describing the good cause exception, which the Superior Court may apply to narrowly extend the time for bringing an appeal to prevent a flagrant miscarriage of justice
  • "[A] Court of competent jurisdiction may reinstate the right of appeal to the board of zoning appeals .... "
  • discussing Fed. R. App. P. 4

Written by the judges who cited it.

The opinion

LEVY, J.,

with whom SAUFLEY, C.J., and SILVER, J., join, concurring.

[¶ 28] The Court’s opinion brings closure to a zoning dispute that arises from a shoreland zoning permit issued in February 2003. A principal reason why it has taken more than three years to resolve the dispute is that Hinman was not notified of the Vileses’ initial permit application because neither the Town of Embden’s shoreland zoning ordinance, nor Maine’s shoreland zoning statutes, 38 M.R.S. §§ 435-449 (2005), require notice of the application to the neighbors who own property in close proximity to the parcel for which the permit is sought. If notice had been provided in this case, it is reasonably possible that Hinman’s objections to the Vileses’ proposed construction would have been considered and resolved by the Emb-den Planning Board in February 2003, instead of being finally resolved by today’s decision.

[¶ 29] Both the persons who wish to build on their land, and the neighbors who will be most affected by it, benefit if any dispute regarding the proposal is considered before, and not after, a land use permit is issued. See Brackett v. Town of Rangeley, 2003 ME 109, ¶ 25 , 831 A.2d 422, 430 (“The time for litigating in ordinary cases remains prior to the start of construction.”). This case underscores the need for the Legislature to consider whether some form of notice to neighboring property owners should be required in connection with shoreland and similar land use permit applications. See, e.g., N.J. STAT. ANN. § 40:55D-12(b) (West Supp. 2006) (requiring notice by personal service or certified mail “to the owners of all real property as shown on the current tax duplicates, located in the State and within 200 feet in all directions of the property which is the subject of [the] hearing”).

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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