Donald R. Paradis v. Town of Peru

Summary

The Maine Supreme Judicial Court held that a notice of violation issued by the Town of Peru was not appealable because the applicable ordinance expressly barred appeals from enforcement-related decisions. The court concluded that the Town Board of Appeals lacked jurisdiction, which also deprived the Superior Court of jurisdiction, and vacated and remanded the judgment. The court additionally noted procedural deficiencies in the Board’s handling of the matter.

Holdings

1. The Board of Appeals lacked jurisdiction to consider Paradis's appeal because the Town's Shoreland Zoning Ordinance expressly made enforcement-related decisions, including notices of violation, nonappealable.
2. Because the Board of Appeals lacked jurisdiction, the Superior Court likewise lacked jurisdiction to review the Board's decision under Rule 80B.

Questions Presented

1. Whether the Town of Peru Board of Appeals had jurisdiction to hear an appeal from the August 1, 2013, notice of violation.
2. Whether the 2013 statutory amendment making municipal notices of violation generally appealable supplied Paradis with a right to appeal despite the timing of the notice and the Town ordinance's express prohibition on appeals from enforcement matters.
3. Whether the Superior Court had jurisdiction to review the Board of Appeals decision.

Disposition

reversed_and_remanded