Legal Opinion

Cape Shore House Owners Association v. Town of Cape Elizabeth

Supreme Judicial Court of Maine

Decided June 4, 2019No. Docket: Cum-18-365PublishedCited by 5 opinions

1Opinion of the CourtHjelm, J.

[¶1] In this zoning dispute between owners of abutting parcels of property located in Cape Elizabeth, Cape Shore House Owners Association and Constance Jordan (collectively, Cape Shore) appeal from a judgment of the Superior Court (Cumberland County, L. Walker, J. ) dismissing their claim for a declaratory judgment. Because the court did not err by dismissing that claim as duplicative of Cape Shore's appeal from municipal action filed pursuant to Maine Rule of Civil Procedure 80B, which was included in the same complaint, we affirm the judgment.

I. BACKGROUND

[¶2] The following facts are drawn…

2Cases cited8 opinions

  1. Baker's Table, Inc. v. City of PortlandSupreme Judicial Court of Maine · 2000
  2. Laqualia v. LaqualiaSupreme Judicial Court of Maine · 2011
  3. Sold, Inc. v. Town of GorhamSupreme Judicial Court of Maine · 2005
  4. Adelman v. Town of BaldwinSupreme Judicial Court of Maine · 2000
  5. Dragomir v. Spring Harbor HospitalSupreme Judicial Court of Maine · 2009

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3Cited by5 opinions

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  2. Hurricane Island Foundation v. Town of VinalhavenSupreme Judicial Court of Maine · 2023
  3. Marina Narowetz v. Board of Dental PracticeSupreme Judicial Court of Maine · 2021
  4. Patricia M. Minerich v. Boothbay-Boothbay Harbor Community School DistrictSupreme Judicial Court of Maine · 2026
  5. XinXiu Tina Hogan v. Kennebec Valley Community CollegeSupreme Judicial Court of Maine · 2026

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