STATE OF MAINE JUDICIAL BRANCH ISSUES OPINION ON ERICA BROOKS ET AL V/S TOWN OF BAR HARBOR

AUGUSTA, Maine, April 27 -- The State of Maine Judicial Branch issued the following opinion March 26:

[1] The question presented in this declaratory judgment action is whether the Town of Bar Harbor's adoption of an amendment to its Land Use Ordinance regarding vacation rentals was void because it was passed with less than a supermajority. The Superior Court (Hancock County, R. Murray, J.) concluded a supermajority was not needed; residents Erica Brooks and Victoria Smith brought this action seeking a contrary declaration. Brooks and Smith appeal from the Superior Court's judgment granting the Town's motion for summary judgment and denying their motion for summary judgment. We affirm, albeit on different grounds than those of the Superior ...