City of Rockland v. Winchenbaugh

Supreme Judicial Court of Maine

City of Rockland v. Winchenbaugh

583 A.2d 702, 1990 Me. LEXIS 315

CourtSupreme Judicial Court of Maine

DecidedDecember 14, 1990

StatusPublished

Cited by1 cases

This text of 583 A.2d 702 (City of Rockland v. Winchenbaugh) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

City of Rockland v. Winchenbaugh, 583 A.2d 702, 1990 Me. LEXIS 315 (Me. 1990).

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Opinion

PER CURIAM.

Conrad Winchenbaugh, Sr. appeals from a judgment in the Superior Court (Knox County, Browne, A.R.J.) affirming the decisions in the District Court (Rock-land, Pease, J.) in six land use violation enforcement cases brought by the City of Rockland pursuant to M.R.Civ.P. 80K and 30 M.R.S.A. § 4966.¹ Contrary to his assertions, the evidence was sufficient to support the District Court’s findings. The court did not err in entertaining the enforcement cases; even assuming that Win-chenbaugh’s pending appeal before the Zoning Board of Appeals was still viable, the court’s decision that the subject matter of the appeal was not the same as that of the enforcement actions before the court was not clearly erroneous. The court did not abuse its discretion in excluding evidence of violations by others in the vicinity for irrelevancy. Finally, the record is devoid of support for Winchenbaugh’s contention that the court should have considered the issue of municipal fault.

Pursuant to 30 M.R.S.A. § 4966, the City is entitled to an award of attorney fees that includes its costs of defending the court’s decision on appeal. Town of Holden v. Pineau, 573 A.2d 1310, 1315-16 (Me.1990); Baker v. Town of Woolwich, 517 A.2d 64, 69 (Me.1987).

The entry is:

Judgment affirmed.

Remanded to the Superior Court with instructions to remand to the District Court [703]*703with instructions to amend award of attorney fees to the City to include litigation costs incurred defending the District Court’s judgment on appeal to the Superior Court and the Law Court.

All concurring.

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PER CURIAM.

Conrad Winchenbaugh, Sr. appeals from a judgment in the Superior Court (Knox County, Browne, A.R.J.) affirming the decisions in the District Court (Rock-land, Pease, J.) in six land use violation enforcement cases brought by the City of Rockland pursuant to M.R.Civ.P. 80K and 30 M.R.S.A. § 4966.¹ Contrary to his assertions, the evidence was sufficient to support the District Court’s findings. The court did not err in entertaining the enforcement cases; even assuming that Win-chenbaugh’s pending appeal before the Zoning Board of Appeals was still viable, the court’s decision that the subject matter of the appeal was not the same as that of the enforcement actions before the court was not clearly erroneous. The court did not abuse its discretion in excluding evidence of violations by others in the vicinity for irrelevancy. Finally, the record is devoid of support for Winchenbaugh’s contention that the court should have considered the issue of municipal fault.

Pursuant to 30 M.R.S.A. § 4966, the City is entitled to an award of attorney fees that includes its costs of defending the court’s decision on appeal. Town of Holden v. Pineau, 573 A.2d 1310, 1315-16 (Me.1990); Baker v. Town of Woolwich, 517 A.2d 64, 69 (Me.1987).

The entry is:

Judgment affirmed.

Remanded to the Superior Court with instructions to remand to the District Court [703]*703with instructions to amend award of attorney fees to the City to include litigation costs incurred defending the District Court’s judgment on appeal to the Superior Court and the Law Court.

All concurring.

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583 A.2d 702, 1990 Me. LEXIS 315, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-rockland-v-winchenbaugh-me-1990.

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