Notes of Decisions
Thornton v. Lothridge, 447 A.2d 473 (Me. 1982).
· cites it 8× “80B, asserting that neither 30 M.R.S.A. § 4963 nor the Brunswick Zoning Ordinance authorizes the granting of the application of Brunswick Manor, Inc.”
Cushing v. Smith, 457 A.2d 816 (Me. 1983).
· cites it 5× “Where, as in the instant case, the municipality has authorized the planning board to make the initial determination regarding a special exception permit, 6 then the planning board is “the office charged with the enforcement of the zoning ordinance” as contemplated by 30 M.R.S.A.…”
Fisher v. Dame, 433 A.2d 366 (Me. 1981).
· cites it 3× “We held that in the area of zoning the legislature, by enacting 30 M.R.S.A. § 4963 and § 2411, 7 had provided a remedy at law, and that under the rationale of Stoddard and Lewiston, Greene and Monmouth Telephone Company that remedy, if adequate, must be taken to be exclusive.”
Caron v. City of Auburn, 567 A.2d 66 (Me. 1989).
· cites it 4× “§§ 5951-5963 (1980), seeks a declaration that the variance was invalid because of the failure to record a proper certificate under 30 M.R.S.A. § 4963(3). 1 We affirm the dismissal of Count I because Caron failed to appeal the ZBA’s action in a timely manner.”
Fletcher v. Feeney, 400 A.2d 1084 (Me. 1979).
· cites it 3× “An appeal from an initial zoning determination, before it may be presented for judicial review, must be considered by the appeals board provided by 30 M.R.S.A. § 4963. No valid authority has been cited to us giving any right of appeal to the courts from an initial decision of a…”
Leadbetter v. Ferris, 485 A.2d 225 (Me. 1984).
· cites it 3× “Ferris did not present sufficient evidence to support the granting of his variance request under 30 M.R.S.A. § 4963 (1978 and Supp.1984-1985).”
Freeman v. Town of Southport, 568 A.2d 826 (Me. 1990).
· cites it 5× “Effective February 28, 1989, 30 M.R.S.A. § 4963 is codified at 30-A M.”
Benjamin v. Houle, 431 A.2d 48 (Me. 1981).
· cites it 3× “In Fletcher we held that “[a]n appeal from an initial zoning determination, before it may be presented for judicial review, must first be considered by the appeals board provided by 30 M.R.S.A. § 4963.” Id. at 1089. Because we find that the municipal regulation of excavation is…”
Sibley v. Inhabitants of Town of Wells, 462 A.2d 27 (Me. 1983).
· cites it 2× “” 30 M.R.S.A. § 4963(3) (1978 & Supp. 1982-1983), which empowers municipal boards of appeal to grant variances, states: 3.”
Cunningham v. Kittery Plan. Bd., 400 A.2d 1070 (Me. 1979).
· cites it 2× “Since plaintiffs were seeking, in effect, collateral judicial review of the substantive merits of their claims of administrative violation of the 1977 Kittery zoning ordinance, their action for equitable relief was barred by the availability of a direct administrative remedy by…”
— Me. Rev. Stat. tit. 30, § 4963(1) — 9 cases
Cushing v. Smith, 457 A.2d 816 (Me. 1983).
“Where, as in the instant case, the municipality has authorized the planning board to make the initial determination regarding a special exception permit, 6 then the planning board is “the office charged with the enforcement of the zoning ordinance” as contemplated by 30 M.R.S.A.…”
Fletcher v. Feeney, 400 A.2d 1084 (Me. 1979).
“An appeal from an initial zoning determination, before it may be presented for judicial review, must be considered by the appeals board provided by 30 M.R.S.A. § 4963. No valid authority has been cited to us giving any right of appeal to the courts from an initial decision of a…”
— Me. Rev. Stat. tit. 30, § 4963(2)(A) — 1 case
— Me. Rev. Stat. tit. 30, § 4963(2)(B) — 3 cases
Cushing v. Smith, 457 A.2d 816 (Me. 1983).
“Where, as in the instant case, the municipality has authorized the planning board to make the initial determination regarding a special exception permit, 6 then the planning board is “the office charged with the enforcement of the zoning ordinance” as contemplated by 30 M.R.S.A.…”
Thornton v. Lothridge, 447 A.2d 473 (Me. 1982).
“80B, asserting that neither 30 M.R.S.A. § 4963 nor the Brunswick Zoning Ordinance authorizes the granting of the application of Brunswick Manor, Inc.”
— Me. Rev. Stat. tit. 30, § 4963(2)(C) — 1 case
— Me. Rev. Stat. tit. 30, § 4963(3) — 14 cases
Caron v. City of Auburn, 567 A.2d 66 (Me. 1989).
“§§ 5951-5963 (1980), seeks a declaration that the variance was invalid because of the failure to record a proper certificate under 30 M.R.S.A. § 4963(3). 1 We affirm the dismissal of Count I because Caron failed to appeal the ZBA’s action in a timely manner.”
Cushing v. Smith, 457 A.2d 816 (Me. 1983).
“Where, as in the instant case, the municipality has authorized the planning board to make the initial determination regarding a special exception permit, 6 then the planning board is “the office charged with the enforcement of the zoning ordinance” as contemplated by 30 M.R.S.A.…”
— Me. Rev. Stat. tit. 30, § 4963(3)(A) — 4 cases
Leadbetter v. Ferris, 485 A.2d 225 (Me. 1984).
“Ferris did not present sufficient evidence to support the granting of his variance request under 30 M.R.S.A. § 4963 (1978 and Supp.1984-1985).”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.