Legal Opinion

Aubry v. Town of Mount Desert

Supreme Judicial Court of Maine

Decided November 2, 2010No. Docket: Han-10-177PublishedCited by 12 opinions

1Opinion of the CourtSaufley, C.J.

This case involves a straightforward question: Can an existing restaurant in the Town of Mount Desert provide outdoor seating to its patrons? In the four years since the restaurant owner applied to the Town for authorization to provide that outdoor seating, the matter has been addressed by the Town’s Planning Board, the Town’s Zoning Board of Appeals, the Superior Court, and us on multiple occasions. In the middle of the process, when the restaurant owner appealed to us in 2008, we dismissed the appeal and remanded it to the Town because the Town had not completed its adjudication, and…

2Cases cited7 opinions

  1. Doggett v. Town of GouldsboroSupreme Judicial Court of Maine · 2002
  2. Griswold v. Town of DenmarkSupreme Judicial Court of Maine · 2007
  3. Malonson v. Town of BerwickSupreme Judicial Court of Maine · 2003
  4. Brickley v. HortonSupreme Judicial Court of Maine · 2008
  5. E. Perry Iron & Metal Co., Inc. v. City of PortlandSupreme Judicial Court of Maine · 2006

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

3Cited by12 opinions

  1. Forest Ecology Network v. Land Use Regulation CommissionSupreme Judicial Court of Maine · 2012
  2. Mainers for Fair Bear Hunting v. Department of Inland Fisheries and WildlifeSupreme Judicial Court of Maine · 2016
  3. Bank of New York v. RichardsonSupreme Judicial Court of Maine · 2011
  4. Liberty v. BennettSupreme Judicial Court of Maine · 2012
  5. Susan E. Bryant v. Town of CamdenSupreme Judicial Court of Maine · 2016

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

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