Narrative Opinion Summary
In this case, an appellant challenged a decision by the Town of Sebago Board of Appeals regarding the timeliness of his appeal against a building permit issued to his neighbors. The permit allowed the reconstruction of a structure into a guest house, and the appellant, an adjacent property owner, was not notified at the time of its issuance. Only upon noticing the construction months later did he contact the Code Enforcement Officer, eventually requesting a permit revocation, which was denied. The appellant's subsequent appeal to the Board, filed months after the permit issuance, was dismissed as untimely under the Town’s Shoreland Zoning Ordinance, which mandates a thirty-day appeal period. The court affirmed the Board’s decision, emphasizing that the appeal period commenced with the permit issuance, and not the appellant’s later discovery or the denial of his revocation request. Furthermore, the appellant's arguments for a 'good cause' exception were rejected due to his failure to demonstrate timely action or provide supporting evidence. Consequently, the Superior Court upheld the ruling in favor of the Board, with full concurrence from all justices.
Legal Issues Addressed
Authority of Code Enforcement Officersubscribe to see similar legal issues
Application: The Board determined that the Code Enforcement Officer lacked the authority to reconsider the original permit issuance decision.
Reasoning: The Board ruled that the appeal was from the original permit issuance, not the subsequent refusal to revoke, and noted that the CEO had no authority to reconsider the permit decision.
Commencement of Appeal Periodsubscribe to see similar legal issues
Application: The appeal period commenced with the issuance of the building permit, not the appellant's discovery of the construction or the denial of his revocation request.
Reasoning: Otis's request for revocation was deemed insufficient to toll the appeal period, which began upon permit issuance.
Good Cause Exception for Late Appealssubscribe to see similar legal issues
Application: The appellant failed to demonstrate 'good cause' for his delayed action, as he did not provide timely evidence to support such a waiver.
Reasoning: Otis's delay of over four months from learning of the construction and more than nine months from the permit issuance did not meet the criteria for a good cause waiver, which requires timely action supported by credible evidence.
Timeliness of Appeal in Zoning Ordinancesubscribe to see similar legal issues
Application: The appellant's appeal was considered untimely as he failed to act within the thirty-day period prescribed by the Town’s Shoreland Zoning Ordinance.
Reasoning: The court found no merit in Otis's arguments that his appeal was timely or that he qualified for a 'good cause' exception to the thirty-day appeal period stipulated by the Town’s Shoreland Zoning Ordinance.