Town of Kittery v. Dineen

These consolidated appeals concerned two superior court judgments addressing issues on abutting properties - Mary’s Store and the Bus Lot - that Appellant owned in Kittery. Appellant appealed from a judgment finding him in contempt for violating a procedural order for failure to remove a burnt bus from the Mary’s Store property and challenged the court’s affirmance of the Kittery Town Council’s finding that the Mary’s Store structure constitutes a dangerous building pursuant to Me. Rev. Stat. 17, 2851 and ordering that it be demolished. The Supreme Judicial Court affirmed both judgments, holding (1) the trial court did not abuse its discretion or clearly err in finding Appellant in contempt for violating the procedural order; and (2) the Town Council’s decision that the Mary’s Store building was dangerous was supported by substantial evidence, and the Town council’s order to demolish the building was not an abuse of discretion. View "Town of Kittery v. Dineen" on Justia Law