Thron v. Town of Kittery

• Court: Superior Court of Maine
• Decided: October 16, 2015
• Docket: YORap-15-7
• Status: Unpublished

Opinion

STATE OF MAINE SUPERIOR COURT YORK, SS. CIVTI. ACTION DOCKET NO. AP-15-7

MARY THRON, et al.,

Plaintiffs,

v. ORDER

TOWN OF KITTERY,

Defendant.

Plaintiffs bring this Rule 80B appeal from a decision by the Town of Kittery

Board of Assessment Review denying tax abatements for alleged overvaluation of their

properties. The Town has moved to remand the matter to the Board for further findings of

fact and conclusions of law.

The findings underpinning the Board's decision cannot be inferred from the

notice of decision. Without the Board's findings or conclusions, this court cannot engage

in meaningful review of the decision. This matter is therefore appropriate for remand. See

Hartwell v. Town of Ogunquit, 2015 ME 51, ~ 14, 115 A.3d 81 ("[W]hen an

administrative board or agency fails to make sufficient and clear findings of fact and such

findings are necessary for judicial review, we will remand the matter to the agency or

board to make the findings.") (citation omitted).

1 The entry shall be:

Defendant's motion to remand is hereby GRANTED.

SO ORDERED.

DATE: October .L_(z, 2015

John O'Neil, Jr. Justice, Superior Court

2 AP-15-07

ATTORNEY FOR PLAINTIFF: HARRY B CENTER II WOODMAN EDMANDS DANYLIK AUSTIN POBOX468 BIDDEFORD ME 04005

ATTORNEY FOR DEFENDANT: DUNCAN A MCEACHERN DUNCAN MCEACHERN & DAN W THORNHILL POBOX360 KITTERY ME 03904