TOWN OF MINOT v. Starbird

[¶ 1] Chuck R. Starbird appeals from the judgment and order of the Superior Court (Androscoggin County, MG Kennedy, J.) following a hearing pursuant to M.R. Civ. P. 80B. The Town of Minot instituted this 80B appeal in the Superior Court, arguing that the Town’s own Board of Appeals erred when it concluded that the term “right-of-way,” as used in section 4-501.8 of the Town’s Land Use Code, 1 included a “public easement.” Although the court determined that the Board’s legal conclusion was correct, it found that the Board’s factual findings were incomplete with regard to other provisions of the…