# V. S. H. Realty, Inc. v. Gendron

> Supreme Judicial Court of Maine · May 21, 1975 · 338 A.2d 143

URL: https://www.frixlaw.com/law-library/cases/9763451

## Case

- **Full name:** V. S. H. REALTY, INC. v. Eugene L. GENDRON, Jr., Et Al.
- **Court:** Supreme Judicial Court of Maine
- **Decided:** May 21, 1975
- **Citations:** 338 A.2d 143; 1975 Me. LEXIS 342
- **Precedential status:** Published
- **Opinion:** Dissent by Weatherbee
- **Judges:** Dufresne, Weatherbee, Pomeroy, Wer-Nick, Archibald, Delahanty, Jj-, Wernick
- **Cited by:** 5 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/9763451

## How later opinions describe it (automated extraction)

- finding an insufficient basis for a town's decision when founded "solely upon the personal opinion" of a councilor rather than substantial record evidence

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9763451. Public record. Not legal advice.