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Agenda - Planning Commission - 09/08/2011
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Agenda - Planning Commission - 09/08/2011
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Meetings
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Agenda
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Planning Commission
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09/08/2011
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Zoning Bulletin July 10, 2011 1 Volume 5 I No. 13 <br />In reaching this conclusion, the court explained that for an <br />amendment to be general, "[it] does not have to apply to every <br />piece of property." "[G]eneral does not necessarily refer to all mem- <br />bers of a class or category, but rather implies a majority or a preva- <br />lence," said the court. Here, the court found that the 1999 Amend- <br />ments "affected a wide range of properties in [the Town] in a vari- <br />ety of different ways ...." Therefore, the court concluded the 1999 <br />Amendments were not specific; they were general. <br />See also: Sorenson v. Colibri Corp., 650 A.2d 125 (R.I. 1994). <br />Case Note: The Owners had also contended that the Town's fail- <br />ure to include a proposed zoning map along with its public notice <br />further invalidated the 1999 Amendments. The court found that <br />argument "without merit." "The plain language of § 45-24-53(a) <br />does not require public notice to include a map." Such a require- <br />ment is only triggered if the amendment at issue "includes a spe- <br />cific change ..., but does not affect districts generally." <br />Penalties and Fines —Town Sues Landowner For <br />Violation Of Land Use Ordinance <br />Landowner contends it could not be responsible for <br />violation that resulted from third -party actions <br />Citation: Town of Levant v. Taylor, 2011 ME 64, 2011 WL <br />2135728 (Me. 2011) <br />MAINE (05/31/11)—This case addressed the issue of whether <br />property owners can be held responsible for land use violations re- <br />sulting from actions taken on their property by a third party. <br />The Background/Facts: Lawrence A. Taylor and Donald C. <br />Taylor (the "Taylors") owned a lot in the Town of Levant (the <br />"Town"). The Taylors were negotiating sale of the lot to a third <br />person, Timothy Linnell ("Linnell"). At some point, pending a sale <br />of the lot to him, Linnell parked a mobile home, sitting on a trailer <br />with tires attached, on the lot. <br />On December 30, 2009, the Town's code enforcement officer <br />("CEO") sent the Taylors a notice that the mobile home on the lot <br />was a violation of the Town's land use ordinance. On January 21, <br />2010, the Town sent a letter to the Taylors demanding they cease <br />© 2011 Thomson Reuters 7 <br />
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