Legal Question in Real Estate Law in Maine
Vote at meeting called invalid by Town Clerk
Commission meeting I attended took a vote with three members present. This is a 5 member board. A quorum is 3 members. The decisions of the commission shall be by vote of a majority of the whole number of commission members. The commission voted to approve an application. The voting went 2-yeas and 1 abstained. The commission told applicant that the appication did not pass. The Town Clerk called this an invalid vote and put it back on this boards agenda to be reviewed at it's next meeting. Zoning Ordinace states anybody agrieved needs to appeal to Zoning Board of Appeals. Does Town Clerk have this authority?
1 Answer from Attorneys
Re: Vote at meeting called invalid by Town Clerk
Your question is not a substantive real estate question. It is a municipal law question.
Therefore, the Charter or Ordinance for the town, as well as for the specific body in question should be determinative of this issue.
If your true concern with the process is to be sure that the possibility of an appeal is preserved and not lost due to misplaced reliance upon the Town Clerk, then your concern should be clearly stated and presented in writing to the Clerk, and a written response thereto should be insisted to be received in a timely manner (certainly within the appeal period)by the Town's counsel. The response should affirmatively preserve your right to appeal based upon your reliance of the Town's actions. If it does not, you should consider using the appeal proceedure as set forth in the Ordinance to preserve your rights, and contact local counsel.
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