Mark Tomasino et al. v. Town of Casco et al.

Summary

The Maine Supreme Judicial Court affirmed a judgment upholding the Town of Casco Zoning Board of Appeals’ denial of the Tomasinos’ shoreland zoning permit to remove three trees from abutting property. The Court held that the Tomasinos failed to establish sufficient right, title, or interest to remove the trees because the scope of their deeded easement was disputed and had not been determined by a court with jurisdiction over private property rights. The Court concluded that a municipal zoning proceeding was not the proper forum for resolving the easement dispute.

Holdings

1. An applicant must demonstrate not merely some interest in the property, but a right, title, or interest that permits the particular use for which the permit is sought. In the face of a private dispute, an easement whose parameters have not been factually determined by a court with jurisdiction to construe it does not satisfy the ordinance's right, title, or interest requirement for a permit to remove trees.
2. A municipal zoning board is not the proper forum to determine private property rights, including the scope of an easement, and its authority is limited to the powers conferred by statute, charter, and ordinance.
3. The Superior Court's apparent error in making its own factual findings from an exhibit not submitted to the Board was harmless because the Supreme Judicial Court directly reviewed the Board's decision.

Questions Presented

1. Whether the Tomasinos demonstrated sufficient right, title, or interest under the Casco ordinance to apply for a shoreland zoning permit to remove trees from property subject to their claimed easement.
2. Whether the Zoning Board of Appeals properly declined to resolve the underlying private dispute over the scope of the easement.
3. Whether the Superior Court's errors in making its own factual findings and reviewing an exhibit not presented to the Board required reversal.

Disposition

affirmed