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STATE OF MAINE YORK, ss.
JADD, LLC and DIANE LEMENAGER, Plaintiffs
v.
THE INHABITANTS OF THE TOWN OF OLD ORCHARD BEACH, Defendant
SUPERIOR COURT CIVIL ACTION DOCKET NO. AP-09-024
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Ii'
JUDGMENT
This is a Rule 80B Appeal from a decision of the Old Orchard Beach Zoning Board of Appeals. Following hearing and review of the administrative record, the appeal is Denied.
The Plaintiffs own an unimproved parcel of land which is adjacent to other land they own. They sought a permit to construct a seasonal dwelling on the unimproved parcel. The town's code enforcement officer denied the request and referred the Plaintiffs to the Z.B.A., where they sought a hardship variance. After a presentation to the Z.B.A. in March 2009, the board voted to grant the variance. However, a neighbor, who had submitted a written objection to the Z.B.A., which was considered at the original hearing, filed a timely request for reconsideration.
The request for reconsideration was first considered at an April Z.B.A. meeting and the motion failed on a tie vote of two to two, with one abstention. The abstention was based on the fact that the abstaining board member had not participated in the original hearing at which the variance was granted. There followed a prolonged discussion about whether or how to proceed.
The Z.B.A. decided to table the motion to reconsider until the board member
who participated in the original hearing was available to hear and vote on the motion to
reconsider. This meeting occurred in May. The Z.B.A. then voted 3 to 2 to reconsider
the original grant of a variance and then conducted a new hearing on the request for a
variance. That request also failed on a 3 to 2 vote. This denial of the requested variance
is the subject of this appeal.
The Plaintiffs argue that the motion to reconsider was presented, heard and failed on a tie vote and no further action on that motion was authorized or appropriate. The town argues that the Z.B.A.'s actions did not violate any statute, ordinance or by

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Maine Law