Town of Mount Vernon v. Landherr

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The Supreme Judicial Court affirmed the judgment of the district court in favor of the Town of Mount Vernon on its land use violation complaint filed pursuant to Me. Rev. Stat. 30-A, 4452 and Me. R. Civ. P. 80K, holding that a generator on Landowners’ property was a structure and thus must meet the requirements of the Town’s Land Use Ordinance regarding structures.On appeal from a decision of the Town’s code enforcement officer, the Mount Vernon Board of Appeals determined that a relatively large generator that Landowners had installed on their small lot was a “structure” under the Ordinance. When Landowners failed to comply with the Towns’ request for the removal of the generator, the Town filed a land use violation complaint. The district court determined that the Board’s decision was res judicata as to whether the generator met the definition of “structure” in the Ordinance and found Landowners in violation of the Ordinance, assessing penalty and attorney fees. The Supreme Judicial Court affirmed, holding (1) the district court correctly determined that the Board’s decision was binding on Landowners; and (2) the court did not err in finding that Landowners were in violation of the Ordinance and assessing a penalty. View "Town of Mount Vernon v. Landherr" on Justia Law