Richard Tominsky v. Town of Ogunquit

Summary

The court held that Tominsky’s administrative appeal of building permits was untimely because the facts supporting his delay did not satisfy the ordinance’s good-cause exception. It also held that the permittee did not need to file a separate appeal or cross-appeal to preserve the timeliness issue, and that a certificate of occupancy could not be used to relitigate the validity of the underlying permits. The first judgment was vacated and remanded for dismissal of the administrative appeal, while the second judgment was affirmed.