finding an insufficient basis for a town's decision when founded "solely upon the personal opinion" of a councilor rather than substantial record evidence
How later courts described this case
- finding an insufficient basis for a town's decision when founded "solely upon the personal opinion" of a councilor rather than substantial record evidence
- decision must be based on substantial evidence “rather than the visceral reactions of [an administrative agency’s] members”
- Superior Court ordered permit issued where City Council’s denial of application found arbitrary and capricious
Written by the judges who cited it.
The opinion
WEATHERBEE, Justice
(dissenting).
I respectfully dissent.
Some facts are so self-evident as to require no proof. The highly volatile nature of gasoline is well known. So is the fact that among the members of the travelling public there are some persons whose carelessness and irresponsibility make it inappropriate for them to be handling gasoline in large quantities in areas where they may expose other members of the public to danger. The City Council did not need testimony of witnesses as to these indisputable facts.
The Council did hear proponent’s testimony to the effect that the danger from the human factor could be reduced substantially by requiring certain operating procedures but, in my opinion, the Council had discretion to make a policy decision that the risk still remaining was unacceptable.
This was apparently the conclusion of the Council.
I would remand to the City Council for completion of the record showing its reasons and findings of fact as is required by 1 M.R.S.A. § 404-A.