Opinion
Civil Action CV-13-22
07-07-2015
JONATHAN R. DAY, Plaintiff v. CAROL R. REECE & TOWN OF PHIPPSBURG Defendants
JUDGMENT
A. M. Horton Justice, Superior Court
This case has been remanded to this court for further proceedings consistent with the mandate of the Supreme Judicial Court of Maine, sitting as the Law Court.
A conference of counsel was held telephonically July 7, 2015, with attorneys Poliquin, Neagle and Maher participating for Plaintiff Jonathan R. Day, Defendant Carol R. Reece, and Defendant Town of Phippsburg respectively. The purpose of the conference was for the court to obtain counsel's views on what, if any, further proceedings are called for. Counsel agree that the only further step needed is for this court to enter judgment for Plaintiff consistent with the last sentence of the Law Court opinion. Accordingly, paragraph 2 below awards declaratory relief by including the pertinent portion of that sentence verbatim.
The court was also advised that, after the Law Court's ruling, the Town amended the Phippsburg Shoreland Zoning Ordinance (PSZO) to read in accordance with this court's interpretation of it, so that this judgment applies only to the version of the PSZO interpreted in this case.
Consistent with the mandate of the Supreme Judicial Court of Maine, sitting as the Law Court, it is hereby ORDERED AND ADJUDGED as follows:
1. Judgment is hereby awarded to the Plaintiff Jonathan R. Day.
2. It is hereby declared that the Phippsburg Shoreland Zoning Ordinance, in the form interpreted in this case, provides that the grandfathered status of a merged nonconforming lot is permanently lost when that merged lot is unlawfully divided.
3. Plaintiff is hereby awarded his recoverable costs as the prevailing party.
Pursuant to M.R. Civ. P. 79(a), the Clerk is directed to incorporate this order by reference in the docket.