I have been dealing with City of Portland, Maine zoning issue since 2014Hello, I hope that you are doing well. I have a lawsuit that I must file against the City of Portland, Maine. I am the Plaintiff, XXX. Please find attached items. It is regarding an illegal zone change by the city that needs to follow proper legislature process (city council vote) to accept the new zone. They never did therefore the current B5 zone must be reverted back to the I2 zone. My issue is that I have major water problems with storm water that floods my home, and the owner of the property is now proposing to build 5 houses there. The current B5 zone allows him to have 140 units of housing if he wanted. He tried, but I did stop him. I have been legally dealing with this abutting property owner for 15 years now. I need to stop them and protect my legal rights. The City is not complying with the zone change. Please see my items to make sense of my complaint.
I have been dealing with City of Portland, Maine zoning issue since 2014
Also, if you care to see my water issues photos can be found here: https://www.facebook.com/powslandstreetavestahousing
May need to address in the complaint statue of limitations as I am sure that the City of Portland, Maine will use this as a defense. Since it’s illegal and not properly completed statute of limitations should not apply. An injunction too so they can’t move forward with the applicant to build homes there? I have a copy of one I did in the part we can recycle.
Attached for example Preliminary Injunction and history lawsuit against the developer. Not shifting lawsuit against City of Portland.
The developer has started his application: https://selfservice.portlandmaine.gov/EnerGov_Prod/SelfService#/search?m=1&fm=3&ps=10&pn=1&em=true&st=PL-001808-2021
Zoning Laws in Maine: https://www.maine.gov/decd/sites/maine.gov.decd/files/inline-files/landusemanual2010.pdf
I will try to find the Superior Court complaint as it is not the same as my zoning issue, but was a very good pled case in my opinion. Here is the Supreme Court where the Plaintiff still won. It was against the same City of Portland as my zoning issue.
I will research if I can find any case laws that will be on point to help our pleading.
I am trying to find the initial complaint, but these guys did a great job suing the City of Portland for a different matter. This was their Supreme Court appeal they won for attorney fees.