Posted by: Patricia Salkin | November 26, 2018

ME Supreme Court Holds Planning Board Member Could Present His Own Site Plan Application to Board Where He Disclosed his Interest and Recused Himself from Voting

This post was authored by Touro Law student Thomas Brown ’20

Cohen, who submitted a proposal to build an expansion to his warehouse, was also a member of the Planning Board. A neighbor who lived next to the proposed site (where Cohen already had a building) sued, alleging that Cohen’s presentation of his application to the Planning Board violated Maine’s conflict-of-interest law.  The court held that, because Cohen disclosed his interest and recused himself from voting on his application (as required by Maine state law, 30-A M.R.S. § 2605(4)), and because there was no evidence of improper influence, the Planning Board’s vote to approve the Cohens’ site plan review application was not voidable.

Bryant v. Town of Wiscasset, 2017 ME 234 (2017)


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