An Act To Streamline Judicial Review of Certain Land Use Decisions
Maine Legislature, Session 127, LD 0775
Committee Amendment CA_A_H602 (House)

COMMITTEE AMENDMENT .. ft" to H.P. 528, L.D. 775, Bill, "An Act To 
Streamline Judicial Review of Certain Land Use Decisions" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 30-A MRSA c. 190 is enacted to read: 
CHAPTER190 
JUDICIAL REVIEW OF SIGNIFICANT MUNICIPAL LAND USE DECISION 
§4481. Definitions 
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings. 
1. 
Significant municipal land use decision. 
"Significant municipal land use 
decision" means final action on an application for a land use development project that is 
either: 
A. 
Submitted to the municipal reviewing authority, as defined by section 4301, 
subsection 12, under a municipal site plan ordinance or other municipal ordinance 
adopted under chapter 187, subchapter 3, or pursuant to authority under Title 38, 
section 488, subsection 19 or section 489-A, but only if the land use development 
project consists of: 
(1) One or more buildings that occupy a total ground area in excess of 10,000 
square feet or contain a total floor area in excess of 40,000 square feet; or 
(2) A total ground area in excess of 3 acres occupied by buildings, parking lots, 
roads, paved areas, wharves and other areas to be stripped or graded and not 
revegetated; or 
B. Submitted as a project consisting of 10 or more lots subject to the municipal 
reviewing authority, as defined by section 4301, subsection 12, under an ordinance 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~" to H.P. 528, L.D. 775 
adopted under chapter 187. subchapter 4 or pursuant to authority under Title 38, 
section 488. subsection 19 or section 489-A. 
§4482. Review of significant municipal land use decision 
This section governs the process of filing complaints in Superior Court to challenge a 
significant municipal land use decision or the failure to make such a decision. 
1. Review of significant municipal land use decision. A complaint may be filed 
either in the general docket of the Superior Court for the county in which the municipality 
is located or directly in a docket designated by the Supreme Judicial Court for business 
matters. Any complaint filed in the general docket of the Superior Court for the county in 
which the municipality is located must be transferred upon request of any party to the 
proceeding to a docket designated by the Supreme Judicial Court for business matters. 
2. Filing of record. The defendant municipality shall file a complete record for 
review. as described in the Maine Rules of Civil Procedure. Rule 80B, as agreed upon by 
the parties within 35 days of the commencement of the action. unless the court enlarges 
the time for cause. 
The plaintiff shall reimburse the municipality for the cost of 
producing the record. 
§4483. Appeal of significant municipal land use decision to Law Court 
Any party to a review proceeding under this chapter may obtain review of a final 
judgment by appeal to the Supreme Judicial Court, sitting as the Law Court. The appeal 
must be taken as in other civil cases. except that upon the request of any party, and in the 
interests ofjustice. the Supreme Judicial Court may expedite the briefing schedule.' 
SUMMARY 
This amendment, which is the majority report of the Joint Standing Committee on 
Judiciary, replaces the bill, which is a concept draft. It provides that a complaint for 
review of a municipal decision on a significant land use project may be filed with either 
the general docket of the Superior Court, as in current law, or directly with the Business 
and Consumer Docket in the Superior Court established by the Maine Supreme Judicial 
Court by Administrative Order JB-07-1 (A.11-08). It also provides that, if a complaint is 
filed with the general docket, any party to the appeal may request that the complaint be 
transferred to the Business and Consumer Docket and the Business and Consumer Docket 
is required to accept the transfer. 
The amendment requires that a defendant municipality must file the record for review 
as agreed upon by the parties within 35 days of the commencement of the action, as 
opposed to 40 days pursuant to current court rules, unless the court extends the time for 
cause. The plaintiff is required to reimburse the municipality for the cost of producing the 
record. 
A party may appeal the Superior Court decision of a significant municipal land use 
decision, whether from the general docket or the Business and Consumer Docket, to the 
Supreme Judicial Court. Upon the request of any party, and in the interests of justice, the 
Supreme Judicial Court may expedite the briefing schedule. 
COMMITTEE AMENDMENT