Supreme Judicial Court of Maine, 1990

South Portland Shipyard & Marine Railway Corp. v. City of South Portland

South Portland Shipyard & Marine Railway Corp. v. City of South Portland
Supreme Judicial Court of Maine · Decided October 17, 1990 · Brody, Clifford, Collins, Glassman, McKusick, Roberts, Wathen
581 A.2d 414; 1990 Me. LEXIS 255 (Atlantic Reporter, Second Series)

South Portland Shipyard & Marine Railway Corp. v. City of South Portland

Opinion of the Court

PER CURIAM.

South Portland Shipyard and Marine Railway Corp. (“the Shipyard”) appeals from the dismissal in the Superior Court (Cumberland County, Perkins, J.) of its M.R.Civ.P. 80B appeal of a decision of the South Portland Board of Appeals. The Superior Court did not abuse its discretion when it dismissed the case for want of prosecution, finding no excusable neglect when the Shipyard failed to file its brief and the record for nearly six months after the deadline imposed by M.R.Civ.P. 80B(g). Kirkpatrick v. City of Bangor, 517 A.2d 320 (Me. 1986); Haskell v. Phinney, 460 A.2d 1354 (Me. 1983). Because the Shipyard could not reasonably have expected to *415prevail in this appeal, we assess sanctions for a frivolous appeal as authorized by M.R.Civ.P. 76(f). Kirkpatrick, 517 A.2d at 321-322.

The entry is:

Judgment affirmed.

Defendants are awarded treble costs and $500 toward their attorney fees.

All concurring.

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