Legal Question in Real Estate Law in Maine
growth ordiances
i purchased land in wells maine in a development over one year ago. i was given a july 2004 building date. wells has now effective april 11th put into effect a lottery system. bottom line my building date and one year wait is null and void. anyone who purchases land now can move ahead of me on this lottery system. Is this legal shouldnt they honor my july 2004 date to build since i have given my builder money?
1 Answer from Attorneys
Re: growth ordiances
Your question is one that requires an indepth consultation with an attorney, augmented with copies of all of the paperwork generated in the matter to date.
As a general matter, a municipality can enact broad ordinances. However, it is also possible that a municipal official's prior actions have caused reliance on the part of a landowner, and the municipality may have to honor its prior commitments, depending on the situation. It may very well be that previously approved projects should be "grandfathered" from the lottery system. However, if you did not have an approved permit obtained by your builder before the ordinance was enacted, you may be in the same position as everyone else in Wells. You may want to focus on the timing of the approval by the municipality of your plan to build, and the terms of that permit.