Harry Brown v. Town of Starks
2015 ME 47
| Me. | 2015Background
- Harry and Cindy Brown appeal a SBA dismissal of their appeal from the Town of Starks Planning Board's decision allowing a cellular tower.
- Bay Communications II, LLC applied for site plan approval to build and operate a cellular tower on Abijah Hill Road; the Browns own adjacent property.
- Planning Board unanimously approved Bay's application after a public hearing in which Browns participated.
- The Browns appealed to the SBA; during a meeting the town attorney explained the appeal would be appellate-only, no new evidence, and the Browns bore the burden to prove error.
- The SBA determined it was limited to appellate review; in January 2014 it denied the Browns' appeal; Browns did not challenge the SBA’s appellate standard of review at that time.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Preservation of de novo review challenge | Brown(s) argued SBA should review de novo. | SBA acted in appellate capacity and Browns failed to raise challenge at municipal level. | Issue not preserved for review. |
Key Cases Cited
- Ford Motor Co. v. Darling’s, 2014 ME 7 (Me. 2014) (preservation of issues and opportunity to correct errors on appeal)
- Wells v. Portland Yacht Club, 2001 ME 20 (Me. 2001) (preservation and standard of appellate review principles)
- Verizon New England, Inc. v. Pub. Utils. Comm’n, 2005 ME 16 (Me. 2005) (issue preservation and informing appellate review)