Legal Opinion · Concurrence

George Brackett v. Town of Rangeley

Supreme Judicial Court of Maine

Decided August 25, 2003Published

1ConcurrenceAlexander, J.

[¶ 26] I concur in the result, however, I would not apply the good cause exception to extend the time period for the Bracketts to file their appeal. Consideration of the good cause exception would be appropriate only if the permits were facially valid, having been issued by the proper permitting authority, the Planning Board. The permits here were ultra vires acts of a person with no more authority to issue the permits than possessed by the local dog catcher.

[¶ 27] When a public officer or agency exceeds its statutory authority or proceeds in a manner not authorized by law, its resulting…

2Cases cited6 opinions

  1. Shackford & Gooch, Inc. v. Town of KennebunkSupreme Judicial Court of Maine · 1984
  2. City of Auburn v. MandarelliSupreme Judicial Court of Maine · 1974
  3. City of Auburn v. DesgrosseilliersSupreme Judicial Court of Maine · 1990
  4. Small v. GartleySupreme Judicial Court of Maine · 1976
  5. Clough v. NewtonSupreme Judicial Court of Maine · 1965

1 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API