‘Sec. 1. 30-A MRSA §2691, sub-§4, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8, 10, is further amended to read:
HP0848 LD 1204 |
Session - 126th Maine Legislature C "A", Filing Number H-173, Sponsored by
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LR 160 Item 2 |
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Bill Tracking, Additional Documents | Chamber Status |
Amend the bill by striking out everything after the enacting clause and before the summary and inserting the following:
‘Sec. 1. 30-A MRSA §2691, sub-§4, as enacted by PL 1987, c. 737, Pt. A, §2 and Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8, 10, is further amended to read:
SUMMARY
The bill strikes a provision in current law that a board of appeals may not assert jurisdiction over a matter unless the municipal charter or ordinance specifies the precise subject matter that may be appealed. This amendment retains that provision.
The bill allows a board of appeals to review a decision of a code enforcement officer unless the charter or an ordinance expressly provides that the decision is only advisory; the amendment provides that the charter or an ordinance may expressly provide that the decision may not be appealed.
The bill and amendment seek to address the decisions in Eliot Shores, LLC v. Town of Eliot, 2010 ME 129, 9 A.3d 806 and Farrell v. City of Auburn, 2010 ME 88, 3 A.3d 385.