Caron v. City of Auburn

CLIFFORD, Justice.

The plaintiff, Donald C. Caron, appeals from the dismissal by the Superior Court (Androscoggin County, Alexander, J.) of his two-count complaint brought against the defendant, City of Auburn. Count I, brought pursuant to 30 M.R.S.A. § 2411(3)(F) (1978) and M.R.Civ.P. 80B, challenges the issuance of a variance by the Auburn Zoning Board of Appeals (“ZBA”). Count II, brought pursuant to 14 M.R.S.A. §§ 5951-5963 (1980), seeks a declaration that the variance was invalid because of the failure to record a proper certificate under 30 M.R.S.A. § 4963(3). 1 We affirm the dismissal…