TOOMEY v. TOWN OF FRYE ISLAND


943 A.2d 563 (2008)

2008 ME 44

Timothy TOOMEY v. TOWN OF FRYE ISLAND.

Supreme Judicial Court of Maine.

Decided: March 11, 2008.


Attorney(s) appearing for the Case

David M. Hirshon, Esq., Marshall J. Tinkle, Esq. (orally), Tompkins, Clough, Hirshon & Langer, Portland, ME, for the Town of Frye Island.

Gregory M. Cunningham, Esq. (orally), Lori Londis-Dwyer, Esq., Bernstein Shur, Portland, ME, for Timothy Toomey.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ.


MEAD, J.

[¶ 1] The Town of Frye Island appeals from a judgment entered in the Superior Court (Cumberland County, Delahanty, J.) in favor of Timothy Toomey. It contends that the Superior Court erred in its interpretation of 30-A M.R.S. § 2691(3)(F) (2007) when it held that the ten-day time limit to request a reconsideration applies to reconsiderations initiated by the Frye Island Board of Appeals itself. It further argues that the strict application...

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