The Witham Family Limited Partnership v. Town of Bar Harbor
110 A.3d 642
| Me. | 2015Background
- Witham Family Ltd. Partnership challenged Bar Harbor Planning Board decisions related to North South Corporation’s hotel project abutting Witham land.
- The Appeals Board remanded to correct height interpretation; Planning Board subsequently approved North South’s site plan on May 19, 2010.
- No party appealed the May 19, 2010 Planning Board decision or the May 2012 amended-site-plan approval, and construction proceeded.
- North South built and opened the West Street Hotel in 2012; Witham did not appeal the 2010 or 2012 approvals or related building permits.
- The matter was litigated in Superior Court, then transferred to the Business and Consumer Docket for judgment on the planning decisions.
- The court ultimately held the appeal moot because the challenged superseded decisions had not been appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is moot. | Witham argues the validity of initial decisions affects its rights. | The May 2010 and May 2012 approvals stand; no timely appeal existed. | Yes; the appeal is moot. |
| Whether mootness exceptions apply. | Collateral consequences or public interest justify review. | No applicable exceptions; consequences are conjectural and insubstantial. | No exception applies. |
| Whether the May 19, 2010 and May 2012 approvals themselves are subject to review. | Issues from those approvals could affect Witham’s rights. | No timely appeal from those decisions was pursued. | Not reviewable on the current appeal. |
Key Cases Cited
- Lewiston Daily Sun v. School Administrative Dist. No. 43, 1999 ME 143 (Me. 1999) (mootness and justiciability standards for appeals)
- Clark v. Hancock Cnty. Comm’rs, 2014 ME 33 (Me. 2014) (mootness doctrine and collateral consequences considerations)
- Sordyl v. Sordyl, 1997 ME 87 (Me. 1997) (collateral consequences must be more than conjectural or insubstantial)
- Beckford v. Town of Clifton, 2014 ME 156 (Me. 2014) (discussion of appeal timing and municipal decision review)
- Witham Family Ltd. P’ship v. Town of Bar Harbor, 2011 ME 104 (Me. 2011) (abutter standing; remand of matter for further proceedings)