29 McKown LLC v. Town of Boothbay Harbor

Summary

The court vacated the Superior Court judgment affirming the Board of Appeals and remanded for proceedings beginning with a new decision by the Code Enforcement Officer. Because the ordinance limited the Board to appellate review, the court reviewed the CEO’s action directly and concluded that the lack of required notice, opportunity to present evidence, and adequate findings deprived the abutters of administrative due process and prevented meaningful judicial review. The court also directed that the CEO create an evidentiary record and issue findings of fact and conclusions of law.