Tominsky v. Town of Ogunquit
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The Supreme Judicial Court vacated the decision of the Town of Ogunquit Board of Appeals concluding that good cause existed for this appeal brought by Appellant pursuant to Me. R. Civ. P. 80B challenging the issuance of building permits by the Town's code enforcement officer (CEO) to 477 Shore Road LLC, holding that the Board erred.
At issue was the issuance of building permits to the LLC of construction relating to six single-family dwelling units. Appellant, who owned property abutting the LLC's parcel, filed a complaint requesting an injunction, a writ of mandamus, and a declaratory judgment. The complaint was denied. While Appellant's appeal was pending (Tominsky I), the CEO issued a certificate of occupancy for one of the dwelling units. Appellant appealed the issuance of the certificate, but the Board voted not to hear the appeal. Appellant then filed a second complaint containing multiple counts against the Town and the LLC (Tominsky II). The superior court denied Appellant's appeal in Tominsky I and dismissed the appeal in Tominsky II. The Supreme Judicial Court vacated the judgment in Tominsky I and affirmed the judgment in Tominksy II, holding (1) the appeal in Tominsky I before the Board was untimely; and (2) the appeal in Tominsky II failed to allege a viable claim for relief.
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