variance analysis (Maine) · Go Syfert
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variance analysis in Maine

7 Maine opinions name it 2 courts 1982–2016 0 in the last five years

The cases below were cited by Maine courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
York v. Town of Ogunquitgreen
me · 2001 · cited in 2 Maine opinions naming this issue, 2009–2014
2 sentences

2014Special Exception Maine law empowers boards of appeals in municipalities that have adopted zoning ordinances to grant variances, but they may do so only "in strict compliance" with statutory standards. 30-A M.R.S. § 4353(2)(C) (2013); see also York v. Town of Ogunquit, 2001 :ME 53, '![ 12, 769 A.2d 172 ("Zoning Ordinance provisions are specifically subject to the variance analysis mandated by state statute in 30-A M.R.S.A. § 4353(4).").

2009See Lewis v. Town of Rockport, 2005 ME 44, ¶ 15 , 870 A.2d 107, 111 (implying in dicta acceptance of the parties’ contention that section 4353 is limited to the grant of variances from zoning ordinances); see also York v. Town of Ogunquit, 2001 ME 53, ¶ 12 , 769 A.2d 172, 177 (“Zoning Ordinance provisions are specifically subject to the variance analysis *911 mandated by” 30-A M.R.S. § 4353(4)).

12
State v. Giffordgreen
me · 1991 · cited in 1 Maine opinions naming this issue, 2016–2016
1 sentence

2016We conclude that under the proper variance analysis, Lyon is not exposed to double jeopardy. [¶ 10] In State v. Gifford, we stated that “[a]n indictment will protect a defendant against further jeopardy if, read together with the evidence presented at trial and any parol evidence, it makes clear the offense for which the defendant has been placed on trial.” 595 A.2d 1049, 1052 (Me. 1991) (emphasis added).

11
Lewis v. Town of Rockportgreen
me · 2005 · cited in 1 Maine opinions naming this issue, 2009–2009
2 sentences

2009See Lewis v. Town of Rockport, 2005 ME 44, ¶ 15 , 870 A.2d 107, 111 (implying in dicta acceptance of the parties’ contention that section 4353 is limited to the grant of variances from zoning ordinances); see also York v. Town of Ogunquit, 2001 ME 53, ¶ 12 , 769 A.2d 172, 177 (“Zoning Ordinance provisions are specifically subject to the variance analysis *911 mandated by” 30-A M.R.S. § 4353(4)).

2009See Lewis v. Town of Rockport, 2005 ME 44, ¶ 15 , 870 A.2d 107, 111 (implying in dicta acceptance of the parties’ contention that section 4353 is limited to the grant of variances from zoning ordinances); see also York v. Town of Ogunquit, 2001 ME 53, ¶ 12 , 769 A.2d 172, 177 (“Zoning Ordinance provisions are specifically subject to the variance analysis *911 mandated by” 30-A M.R.S. § 4353(4)).

11
Ziehm v. Ziehmgreen
me · 1981 · cited in 1 Maine opinions naming this issue, 1982–1982
1 sentence

1982Accord: In the area of appeals from Planning Board action, see Bruk v. Town of Georgetown, Me., 436 A.2d 894, 897 (1981); in a child custody case, Ziehm v. Ziehm, Me., 433 A.2d 725, 730 (1981); in juvenile “criminal” justice proceedings, State v. Roy E.

11
Bruk v. Town of Georgetowngreen
me · 1981 · cited in 1 Maine opinions naming this issue, 1982–1982
1 sentence

1982Accord: In the area of appeals from Planning Board action, see Bruk v. Town of Georgetown, Me., 436 A.2d 894, 897 (1981); in a child custody case, Ziehm v. Ziehm, Me., 433 A.2d 725, 730 (1981); in juvenile “criminal” justice proceedings, State v. Roy E.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Perkins v. Town of Ogunquit green
me · 1998
2 sentences

2008Perkins v. Town of Ogunquit, 1998 ME 42 , <[ 12, 709 A.2d 106, 110 .

2008Perkins v. Town of Ogunquit, 1998 ME 42 , <[ 12, 709 A.2d 106, 110 .

22001–2008
Bishop v. Town of Eliot neutral
me · 1987
1 sentence

1995In Bishop v. Town of Eliot, 529 A.2d 798 (Me.1987), the consolidated appeal involved two adjacent “baeklots,” ie., lots situated behind other lots and having no street frontage.

11995–1995

Statutes the citing opinions construe

ME § Me. Rev. Stat. tit. 30-A, § 4353 (5) ME § Me. Rev. Stat. tit. 30-A, § 2691 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 49 (1881–2026) PA 37 (1928–2026) RI 31 (1965–2026) TN 16 (1982–2022) NY 16 (1929–2024) CT 13 (1955–2022) AL 13 (1881–2016) CA 12 (1944–2021) MD 11 (1967–2025) NJ 10 (1880–2008) IL 8 (1906–2011) ME 7 (1982–2016) OR 6 (1979–2026) FL 6 (1962–1996) IA 6 (1933–2026) NH 6 (2004–2015) ID 5 (2018–2025) NC 5 (1981–2009) UT 5 (1987–2023) SC 4 (1967–2021) MA 4 (1985–2010) IN 4 (1979–1993) DC 4 (1979–2023) LA 3 (1967–1971) OK 3 (1915–1973) GA 2 (1934–1978) AK 2 (2008–2020) MS 2 (1966–1975) OH 2 (1946–2011) AZ 2 (1936–2017) KY 2 (1959–1974) NM 2 (2011–2021) MO 2 (1997–2015) MI 2 (1950–1962) HI 2 (1998–2015)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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