Tremblay v. Land Use Regulation Commission, 2005 ME 110

Summary

The Supreme Judicial Court of Maine affirmed a judgment upholding the Land Use Regulation Commission's approval of a six-lot subdivision on property owned by John Hofmann. The court held that the record supported LURC's finding that Hofmann's prior intra-family land transfers did not constitute illegal subdivisions or demonstrate an intent to evade subdivision review. Because the agency's factual findings were supported, the court did not reach whether a prior illegal subdivision would legally bar approval of a later subdivision application.

Holdings

1. LURC did not clearly err in finding that Hofmann's prior intra-family transfers did not create an illegal subdivision or demonstrate an intent to avoid subdivision review.
2. The court did not reach the legal question whether a prior illegal subdivision would bar approval of a subsequent otherwise valid subdivision because LURC's finding that no prior illegal subdivision existed was supported by the record.
3. Tinsman did not require vacatur because that case involved a different factual finding: the local decisionmaker had found an intent to evade subdivision laws, whereas LURC found no such intent here.

Questions Presented

1. Whether LURC's finding that Hofmann's prior intra-family land transfers did not create an illegal subdivision was supported by the record.
2. Whether the alleged prior illegal subdivision independently barred LURC from approving Hofmann's later subdivision application.

Disposition

affirmed