Standing, Cross-Appeals, And Rule 80B

Maine law regarding cross-appeals has long been murky, and as a result that subject has often been the subject of commentary both at this blog (here and here, for instance) and elsewhere. The Law Court brought additional clarity in this area of the law in its recent decision in Tominsky v. Town of Ogunquit. In the Court's own words, Tominsky "resolve[d] thorny questions" regarding standing requirements, Maine Rule of Civil Procedure 80B, and Maine Rule of Appellate Procedure 2C.

The facts of the case are fairly straightforward. After the Town of Ogunquit issued building permits, a neighbor challenged the permits before the Town's Board of Appeals. The problem was that the neighbor's challenge was not timely. Nevertheless, the Board granted a "good cause" exception to the 30-day time limit and considered the merits – only to ultimately deny the appeal. The neighbor appealed under Rule 80B, and the developer felt compelled to bring a separate 80B appeal in the