Portland Avenue Assocs. v. Town of Old Orchard Beach

Opinion

STATE OF MAINE SUPERIOR COURT CIVIL ACTION

YORK, ss. DOCKET NO. AP-04-042 - “Ve oy

PORTLAND AVENUE ASSOCIATES,

Plaintiff

v. ORDER

TOWN OF OLD ORCHARD BEACH,

Defendant SEF 8 ox

Following hearing, the Plaintiffs Motion for a Temporary Restraining Order is Denied. Plaintiff has failed to establish a likelihood of success on the merits because the Rule 80B appeal of the Town’s action on Plaintiff's application for a liquor license was untimely. Woodward v. Town of Newfield, 634 A.2d 1315 (Me. 1993). Further, the Plaintiff has failed to establish that the balance of harms tips in its favor. The Town Council had before it a substantial body of evidence suggesting that at least some aspects of Plaintiff's business related to outside sale of alcoholic beverages was disruptive to neighboring property owners. On the current state of the record, the harm to the tranquility of the neighborhood if a restraining order is granted appears to outweigh

the harm to the Plaintiff's business enterprise.

Dated: June 25, 2004

Durward W. Parkinson, Esq. — PL 4, Les ve , Patrick J. Scully, Esq. —- DEF. rthur Bren nan rile

ice, Superior Court