Legal Opinion

Wakelin v. Town of Yarmouth

Supreme Judicial Court of Maine

Decided March 31, 1987PublishedCited by 19 opinions

1Opinion of the Court

McKUSICK, Chief Justice.

The Zoning Board of Appeals (the Board) of the Town of Yarmouth denied plaintiff Gordon Wakelin’s request for a special exception under the Town’s zoning ordinance. Wakelin filed in the Superior Court (Cumberland County) a timely complaint containing two counts. The first sought direct judicial review under M.R.Civ.P. 80B of the merits of the Board’s decision. The second count sought a declaratory judgment that under both the United States and the Maine Constitutions the zoning ordinance represented an unlawful delegation of legislative authority to the Board. The…

2Cases cited4 opinions

  1. Stucki v. PlavinSupreme Judicial Court of Maine · 1972
  2. Waterville Hotel Corp. v. Board of Zoning AppealsSupreme Judicial Court of Maine · 1968
  3. Cope v. Inhabitants of Town of BrunswickSupreme Judicial Court of Maine · 1983
  4. Phillips Petroleum Co. v. Zoning Board of Appeals of BangorSupreme Judicial Court of Maine · 1970

3Cited by19 opinions

  1. In Re HandySupreme Court of Vermont · 2000
  2. Gorham v. Town of Cape ElizabethSupreme Judicial Court of Maine · 1993
  3. Kosalka v. Town of GeorgetownSupreme Judicial Court of Maine · 2000
  4. Nugent v. Town of CamdenSupreme Judicial Court of Maine · 1998
  5. Rolling Pines Ltd. Partnership v. City of Little RockCourt of Appeals of Arkansas · 2001

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