Town of Glenburn v. Pinkham

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The Supreme Court affirmed the judgment of the district court in favor of the Town of Glenburn on its land use violation complaint but vacated the civil penalty imposed by the district court, holding that the record was devoid of any evidence of one of the factors that Me. Rev. Stat. 30-A, 4452(3)(E) requires the court to consider. The land use violation complaint in this case was filed pursuant to Me. Rev. Stat. 30-A, 4452 and Me. R. Civ. P. 80K. The Supreme Court vacated the civil penalty but otherwise affirmed, holding (1) the district court did not violate Appellant’s procedural due process right by allowing one of the Town’s witnesses to testify by telephone; (2) the district court did not err by not excluding, sua sponte, testimony from the Town’s Code Enforcement Officer concerning a witness’s two out-of-court statements; and (3) on the evidence before it, the district court could not have considered the extent to which the violations on the property may have continued after notification to Appellant - a factor that must be considered by the court before assessing a civil penalty. View "Town of Glenburn v. Pinkham" on Justia Law