Mutton Hill Estates, Inc. v. Town of Oakland

How courts have described this case

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

• holding that due process “protects against the exercise of arbitrary governmental power and guarantees equal and impartial dispensation of law according to the settled course of judicial proceedings or in accordance with the fundamental principles of distributive justice.”
• holding that the Superior Court correctly vacated a board’s order when a board carried out an ex parte session with opponents to an application because the influence of the opponents in the ex parte session on the board’s fact finding could not be determined from the record
• concluding due process was violated due to ex parte communications
• proceeding without the zoning relief applicant present, held before \admittedly biased opponents\ of project, violated due process
• Law Court disapproved of planning board action that allowed \biased opponents\ to participate in ex-parte fact-finding
• “It is essential to a party’s right to procedural due process that he be given notice of and an opportunity to be heard at proceedings in which his property rights are at stake.”

Source: CourtListener parenthetical corpus (CC0).