Wright v. Town of Kennebunkport

In Wright v. Town of Kennebunkport, 1998 ME 184, 715 A.2d 162, the Law Court faced a nearly identical issue. Aggrieved property owners filed an appeal after the Town's Code Enforcement Officer (CEO) refused to revoke a permit, based upon their assertion that the "refusal" had been a decision within the meaning of the Town's Ordinance. In that case, the Court held that: If we were to adopt the Board's construction of section 9.3(A), then the 30-day time limit would become a nullity. An individual aggrieved by a CEO's decision to issue a permit could bypass the 30-day appeal deadline simply by requesting that the CEO revoke the permit. "Only petitions for rehearing filed pursuant to officially adopted procedures, however, can be relied on to toll a limitations period." Otis v. Town of Sebago, 645 A.2d 3, 4 (Me. 1994). Strict compliance with the appeal procedure of an ordinance is necessary to ensure that once an individual obtains a building permit, he can rely on that permit with confidence that it will not be revoked after he has commenced construction. (Id, at P6, p.164-165.) Even if the permit, as issued, was invalid, after the 30-day appeal period ended, the Board had no authority to review its issuance. (Id., at 165.)