Fryeburg Water Co. v. Town of Fryeburg

6 Citing cases

  1. High Me. v. Town of Kittery

    2024 Me. 76 (Me. 2024)

    In some cases, the "potential for particularized injury" is sufficient for an abutter to have standing, Fryeburg Water Co. v. Town of Fryeburg, 2006 ME 31, ¶¶ 11-12, 893 A.2d 618 [quotation marks omitted), as when an abutter proposes a landfill, In re Lappie, 377 A.2d 441, 441, 443 (Me. 1977); a sludge-disposal operation, Pride's Corner Concerned Citizens Ass'n v. Westbrook Bd. of Zoning Appeals, 398 A.2d 415, 418 (Me. 1979); a competing convenience store, Christy's Realty Ltd. P'ship v. Town of Kittery, 663 A.2d 59, 61-62 (Me. 1995); or the installation of self-service gas pumps at a store, Singal v. City of Bangor, 440 A.2d 1048,1051 (Me. 1982), overruled in parton other grounds by Norris Fam. Assocs., LLC, 2005 ME 102, ¶¶ 12-13, 879 A.2d 1007. [¶16] A business competitor may have standing if it was a party to the proceedings and the proposed governmental action would result in substantial detriment to the competitor and adversely affect its business.

  2. Mumford v. Tolin

    CIVIL ACTION DOCKET NO: AP-12-011 (Me. Jul. 24, 2012)

    As a result, there is a minimal threshold to demonstrate a particularized injury and establish standing. Friends of Lincoln Lakes v. Town of Lincoln, 2010 ME 78, ¶ 14, 2 A.3d 284; see Fryeburg Water Co. v. Town of Fryeburg, 2006 ME 31, ¶ 11, 893 A.2d 618 (noting that abutting property owners need only allege a potential for particularized injury to have standing). Mumford has alleged a particularized injury through his complaints about stray bullets entering his property.

  3. Witham Family Ltd. P'ship v. Town of Bar Harbor

    2011 Me. 104 (Me. 2011)   Cited 13 times

    When the appealing party is an abutting landowner, the requirements to establish this element of aggrievement are “minimal”; an abutter need only assert a “reasonable allegation of a potential for particularized injury ... to establish the real controversy required for adjudication in a court.” Sahl, 2000 ME 180, ¶ 8, 760 A.2d 266 (quotation marks omitted); see Fryeburg Water Co. v. Town of Fryeburg, 2006 ME 31, ¶ 12, 893 A.2d 618 (requiring an abutter to show only “a relatively minor adverse consequence” (quotation marks omitted)). [¶ 16] As the Superior Court noted, the general rule is that “a party is not aggrieved by a judgment granting the relief requested in his pleadings.”

  4. Witham Family Ltd. Partnership v. Town of Bar Harbor

    2011 Me. 104 (Me. 2011)

    When the appealing party is an abutting landowner, the requirements to establish this element of aggrievement are "minimal"; an abutter need only assert a "reasonable allegation of a potential for particularized injury . . . to establish the real controversy required for adjudication in a court." Sahl, 2000 ME 180, ¶ 8, 760 A.2d 266 (quotation marks omitted); see Fryeburg Water Co. v. Town of Fryeburg, 2006 ME 31, ¶ 12, 893 A.2d 618 (requiring an abutter to show only "a relatively minor adverse consequence" (quotation marks omitted)). [¶ 16] As the Superior Court noted, the general rule is that "a party is not aggrieved by a judgment granting the relief requested in his pleadings."

  5. Our Town v. Town of Damariscotta

    SUPERIOR COURT CIVIL ACTION DOCKET NO. WISSC-AP-2018-3 (Me. Super. Nov. 2, 2018)

    " Id. If the appealing party is an abutter, she "need only allege a potential for particularized injury to satisfy the standing requirement." Fryeburg Water Co. v. Town of Fryeburg, 2006 ME 31, ¶ 11, 893 A.2d 618. DAMARISCOTTA'S ORDINANCE REGARDING APPEALS

  6. Mumford v. Tolin

    Civil Action AP-12-011 (Me. Super. Jul. 24, 2012)

    As a result, there is a minimal threshold to demonstrate a particularized injury and establish standing. Friends ofLincoln Lakes v. Town of Lincoln, 2010 ME 78, 114, 2 A.3d 284; see Fryeburg Water Co. v.Town of Fryeburg, 2006 ME 31, % 11, 893 A.2d 618 (noting that abutting property owners need only allege a potential for particularized injury to have standing). Mumford has alleged a particularized injury through his complaints about stray bullets entering his property.