The Law Court issued a ruling in a Rule 80B appeal that once again underscores how, in the absence of the Legislature stepping in to tidy up in this area, applicants for municipal approvals will continue to act at their peril without knowledgeable counsel guiding their development efforts, and even then, they could be caught in a loop of unavoidable delay. Appletree Cottage, LLC. v. Town of Cape Elizabeth, 2017 ME 177.
The facts are simple. On June 30, 2015, a property owner submitted an application for a building permit to build two structures on his lot. The town’s code enforcement officer (“CEO”) issued the permit. As is typical, there was no record but the application, and no explanation by the CEO regarding the approval, just his stamp and notation of approval. The abutter appealed to the Town ZBA, arguing that the structures weren’t accessory as required under the zoning ordinance. The ZBA made a record and heard testimony, including from