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Ramsey v. Board of Appeals
Citations: 451 A.2d 651; 1982 Me. LEXIS 796
Court: Supreme Judicial Court of Maine; October 21, 1982; Maine; State Supreme Court
Raymond Ramsey appeals the Superior Court's decision that denied his motion for relief under Rule 60(b)(1) or (6) of the Maine Rules of Civil Procedure, following the dismissal of his 80B complaint. This complaint sought to overturn the Board of Appeals' denial of a variance needed for a special amusement license for his Sun ’N Surf Restaurant. The Superior Court found that Ramsey's neglect contributed to the failure to prosecute his appeal and deemed this neglect inexcusable. Furthermore, the court noted that Ramsey did not provide any transcript or equivalent record of the February 25, 1982, proceedings, hindering the Law Court's ability to assess potential abuse of discretion. As a result, the appeal was denied and the Superior Court's judgment was affirmed. The memorandum also highlights that a Rule 60(b) motion cannot substitute for an appeal once a dismissal judgment becomes final.