Justia Maine Supreme Court Opinion Summaries

The Town of Lebanon filed a land use complaint against East Lebanon Auto Sales (the LLC) and Linda Corbin, the sole member of the LLC, alleging that property owned by the LLC in Lebanon constituted an illegal automobile graveyard and illegal junkyard and that the property had an improper subsurface wastewater system. The district court issued a judgment against the LLC and Corbin in the amount of $2000 plus attorney fees. On appeal, the Supreme Court (1) vacated the decision of the district court as to Corbin individually, concluding that the record contained no evidence that suggested that Corbin abused the privilege of incorporating or that an unjust result would occur if only the LLC were held liable on the Town's complaint; and (2) affirmed the judgment of the district court in all other respects, finding the remaining issues raised by the LLC to be without merit. View "Town of Lebanon v. East Lebanon Auto Sales, L.L.C." on Justia Law

In district court, appellants were held liable for violating the Town of Levantâs Article 1010 land use ordinance by allowing a third partyâs mobile home to be moved onto and remain on their land after receiving multiple notices of the violation. At issue was whether appellants could be held responsible for a violation caused by a third party and whether there was evidence that they played a role in leaving the mobile home on their property. The Court affirmed, holding that (1) under the four-factor analysis outlined in Town of Boothbay v. Jenness, the landowners were responsible for land use violations committed on their property, and (2) there was sufficient evidence that the appellants had notice of the violation and the ability and opportunity to correct the violation but failed to do so.