Justia Government & Administrative Law Opinion Summaries

The Bowers Wind Project proposed to place sixteen wind turbines within the boundary of an expedited permitting area, making them visible from multiple scenic resources of state or national significance. Champlain Wind, LLC filed an application with the Department of Environmental Protection seeking permits to construct the Project. The Department denied Champlain’s application, concluding that the Project did not satisfy the statutory scenic standard. The Board of Environmental Protection affirmed the Department’s denial of Champlain’s permit application, concluding that the Project would “unreasonably adversely affect scenic character and existing uses related to scenic character.” The Supreme Judicial Court affirmed, holding that the Board did not act unlawfully or arbitrarily in its determination that the visual impact of the Project would have an unreasonable adverse effect on the existing scenic character or existing uses related to scenic character of nine affected great ponds. View "Champlain Wind, LLC v. Bd. of Envtl. Prot." on Justia Law

Plaintiff challenged three City of Saco decisions issued in connection with the construction of a car dealership by WWS Properties, LLC. Specifically at issue were (1) the City Planning Board’s and the Zoning Board of Appeals’ (ZBA) conclusions that each lacked jurisdiction to review the City Planner’s grant of an amendment to WWS’s approved site plan, and (2) the ZBA’s determination that it did not have jurisdiction to consider Plaintiff’s appeal of the certificate of occupancy issued to WWS. The superior court affirmed the decisions of the Planning Board and ZBA. The Supreme Court vacated the judgment, holding (1) Plaintiff’s appeal of the City Planner’s approval of the site plan amendment was properly before the Planning Board, and therefore, the Planning Board erred in determining that it lacked jurisdiction; and (2) the ZBA had jurisdiction to consider Plaintiff’s appeal of the issuance of a certificate of occupancy, and the ZBA erred in refusing to exercise that jurisdiction. Remanded. View "Desfosses v. City of Saco" on Justia Law

Plaintiff purchased a former school property from the Town of Dexter for future redevelopment, and the Town initially supported Plaintiff’s redevelopment efforts. After Plaintiff contested the Town’s tax assessment of the property, the Town’s code enforcement officer (CEO) issued a stop work order and notice of violation prohibiting all work on the property. Plaintiff filed this civil rights action against Defendant, the Town of Dexter, alleging that the Town’s actions, through its CEO, were arbitrary and capricious and deprived him of equal protection of law and the use and enjoyment of property, in violation of both the federal and state constitutions. Plaintiff sought injunctive relief and damages. The superior court granted the Town’s motion to dismiss Plaintiff’s complaint, concluding that Plaintiff had failed to exhaust his administrative remedies. The Supreme Judicial Court affirmed on the grounds that Plaintiff (1) failed to allege that the CEO’s actions were taken pursuant to a municipal policy, (2) failed to pursue available administrative relief, and (3) failed to allege that he faced discriminatory treatment as compared with others who were similarly situated. View "Marshall v. Town of Dexter" on Justia Law