Maine Revised Statutes Title 30-A Sec. 4482 – Review of significant municipal land use decision
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This section governs the process of filing complaints in Superior Court to challenge a significant municipal land use decision or the failure to make such a decision. [PL 2015, c. 459, §1 (NEW).]
1. Review of significant municipal land use decision. A complaint may be filed either in the general docket of the Superior Court for the county in which the municipality is located or directly in a docket designated by the Supreme Judicial Court for business matters. Any complaint filed in the general docket of the Superior Court for the county in which the municipality is located must be transferred upon request of any party to the proceeding to a docket designated by the Supreme Judicial Court for business matters.
[PL 2015, c. 459, §1 (NEW).]
Terms Used In Maine Revised Statutes Title 30-A Sec. 4482
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Docket: A log containing brief entries of court proceedings.
- Municipality: means a city or town, except as provided in chapter 225. See Maine Revised Statutes Title 30-A Sec. 2001
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Significant municipal land use decision: means final action on an application for a land use development project that is either:
2. Filing of record. The defendant municipality shall file a complete record for review, as described in the Maine Rules of Civil Procedure, Rule 80B, as agreed upon by the parties within 35 days of the commencement of the action, unless the court enlarges the time for cause. The plaintiff shall reimburse the municipality for the cost of producing the record.
[PL 2015, c. 459, §1 (NEW).]
3. Final decision. A party may not file an appeal of a significant municipal land use decision under this section until the decision is a final decision pursuant to section 2691, if the decision is by a board of appeals, or pursuant to section 4482?B, if the decision is by a municipal administrative review board other than a board of appeals.
[PL 2017, c. 241, §4 (NEW).]
SECTION HISTORY
PL 2015, c. 459, §1 (NEW). PL 2017, c. 241, §4 (AMD).