Essay on "Shackford & Gooch, Inc"

Essay 4 pages (1282 words) Sources: 3

[EXCERPT] . . . .

And as the text by Hinkel (2011) demonstrates, permits serve a critical purpose in providing for oversight and enforcement by any Zoning Board. According to Hinkel's text, which also provides a look into the present case, identified "building permits [as] another way to enforce zoning ordinance. A building permit will be refused unless the proposed improved and its intended use comply with zoning." (p. 66)

The actions of the Superior Court of York County, by contrast, constitutes a judgment made on "factual findings independent of those of the board" and may also be interpreted as "substituting" court "judgment for that of the board."

Also important to maintaining the board's original findings, beyond the rule of law relating to Dockside's lack of permit, is the original case of Shackford & Gooch. According to established rule on the subject, the appellants were in full right to be protected by the Zoning Board's original decision. In events where some harm might result for the appellant, it is incumbent upon the Zoning Board to intervene. According to Glassman, "the opponents appeared before the Board and as abutting landowners demonstrated they would suffer particularized injury as a result of the Board's action. See Harrington v. Town of Kennebunk, 459 A.2d 557, 559 (Me. 1983); Pride's Corner Concerned Citizens Association v. Westbrook Board of Zoning Appeals, 398 A.2d 415, 417-18 (Me. 1979)."

This denotes existing precedent justifying the Zoning Board's decision to halt construction on the Dockside roof deck. This is critical in establishing the entitlement of the Board to act in the manner that it did. The Supreme Judicial Court of Maine could determine on this basis that the Zoning Board of Kennebunk acted appropriately and should therefore have been spared the intervention and determination of the Superior Court of York County.

Conclusion

There is a level of significance implicated by Shackford & Gooch's successful appeal in protection of its business and its retail property. This denotes a degree of entitlement against the encroachment of other commercial interests that should be especially valuable to small business owners. The evidence of the decision's significance is found in a 2002 case, Salisbury v. Town of Bar Harbor which went before the Main Supreme Judicial Court as well. According to the opinion by Justice Saufley (2002), "the facts asserted by Salisbury, even if presented appropriately to the court, would have been insufficient to support a claim of estoppel against the municipality. As a matter of law, Salisbury's alleged reliance on oral statements made by the CEO was not reasonable. We addressed this issue in Shackford & Gooch, Inc. v. Town of Kennebunk, 486 A.2d 102, 103 (Me. 1984), where the building inspector granted a permit to build stairs and, at the same time, provided verbal authorization to build a deck on the roof of Bartley's Dockside Restaurant." (Saufley, II) This denotes the precedent affirmed by Shackford & Gooch v. Kennebunk.

To this point, the greater significance in this case is the reiteration at a State Supreme Court level, of the entitlement of municipally empowered bodies and agencies to enforce existing law without undue intervention by judicial decision-making. In other words, the case re-affirms the precedent that local government bodies such as the Zoning Board of Kennebunk are vested with broad authority to ensure a sound legal and regulatory environment. Improper influence by a judicial body, the decision implies, may compromise the ability of a Zoning Board to perform its duties with order, fairness and consistency.

Works Cited:

Glassman, J. (1984). Shackford & Gooch, Inc. et al. v. The Town of Kennebunk et al. Supreme Judicial Court of Maine.

Hinkel, D.F. (2011). Essentials… READ MORE

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