Town of Ogunquit v. McGarva

HORNBY, Justice.

This appeal concerns the appropriate penalties and attorney fee awards for land use violations that began in 1981. We conclude that penalties created by a state statute in 1984 do not displace local ordinance penalties for violations that had previously occurred, but that the state statute’s provision of attorney fees to the prevailing party does apply. We therefore affirm the judgment of the Superior Court (York County, Brennan, J.).

Although his construction permit had been revoked, Donald McGarva proceeded to erect a motel in Ogunquit in November of 1981, and then opened the…