Bauer v. Town of Gray

Opinion

STATE OF MAINE SUPERIOR COURT

CUMBERLAND, ss Pe ve oa CIVIL ACTION cess a2. be DOCKET NO. AP-00-059 ALLEN BAUER et al, wes OF FIEE NM -cupm (4 /o00' Plaintiffs dm doc % ou fr "Ol vs. DECISION AND ORDER

TOWN OF GRAY, Defendant The plaintiffs appeal the 6/16/00 decision of the Town of Gray Zoning Board of Appeals (ZBA). The ZBA affirmed the Code Enforcement Officer’s determination that the transfer of property between the plaintiffs was a sale and not a gift. See Exhibits C, F, & G. The plaintiffs have failed to show that the evidence in the record compels a

conclusion contrary to the one reached by the ZBA. See Two Lights Lobster Shack v.

Town of Cape Elizabeth, 1998 ME 153, 7 5, 712 A.2d 1061, 1063. The ZBA relied on

the Transfer Tax Declaration, sign and sworn to by plaintiff Bauer, and not the

Warranty Deed in making its decision. See Exhibits A & B; Boivin v. Town of

Sanford, 588 A.2d 1197, 1199 (Me. 1991); see also 30-A M.R.S.A. § 4401(4)(D) (1996);

Hyler v. Town of Blue Hill, 570 A.2d 316, 317 (Me. 1990); Affidavit of Plaintiff Bauer, Exhibit G at 6-7. The entry is

The Plaintiffs’ Appeal is DENIED. The Decision of the

Town of Gray Zoning Board of Ts is AFFIRMED. Date: January 1, 2001 dns

Nancy Mills Justice, Superior Court

Date Filed 07-30-00 CUMBERLAND Docket No. ___AP_ 00-059

County

Action APPEAL 80(B)

ALLEN BAUER TOWN OF GRAY

RODNEY LLOYD

Vs.

Plaintiff's Attom Defendant’s Attorney WILLIAM » RANY ESQ 282-1527 WILLIAM H. DALE, ESQ 775-7271 PO BOX 1199, SACO, ME 04072 PO BOX 4510, PORTLAND ME 04112

Date of Entry