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· 3/3/1982

Driscoll v. Gheewalla

Citations

  • 441 A.2d 1023
  • 1982 Me. LEXIS 618

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the evidence in the record irnplicitly supports a finding that rigid enforcement of the ordinance would prevent the owners from realizing a reasonable return on the property
  • upholding agency finding because record implicitly supported such a finding even though no express finding existed
  • upholding agency finding because record implicitly supported such a finding even though no express finding existed
  • “in the circumstances of this record the necessary implicit findings to sustain the Board’s decision fully appear”
  • Second application for variance filed less than one month after denial of first barred by terms of Ordinance and principles of res judicata
  • modified proposal for zoning variance filed less than one month after first application contained significant changes in setbacks and building dimensions, and therefore was not barred by ordinance requiring six-month delay between successive applications

Source: CourtListener parenthetical corpus (CC0).

Judges: McKusick, Godfrey, Roberts, Violette, Wathen, Dufresne

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.