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Resident questions enforcement after town rescinded dock permit; attorney says case may be winnable but depends on judge
Summary
A resident asked whether the town issued and then rescinded a permit for condominium docks that were nonetheless built; Town Attorney Max Lohman said the permit was issued in error, rescinded, the property owner continued construction, and the town could seek injunctive relief but the outcome would depend on the judge and many contingencies.
Resident Paul Goldstein asked the council to clarify whether a building permit for condominium docks was issued and later rescinded, and whether the town plans enforcement or litigation after the docks were built.
Town Attorney Max Lohman confirmed a permit had been issued in error, was rescinded and communicated to the applicant, and that the applicant's attorney acknowledged receipt but directed the client to continue construction. Lohman said equitable estoppel against the government is difficult to apply and that while the town could seek injunctive relief requiring removal, "it would depend on the judge" and many factors. He said there is case law indicating rescission of an erroneous permit generally leaves limited recourse against a municipal government but that an injunctive remedy is possible; he characterized the case as "winnable" in his view but cautioned uncertainty about outcomes and costs.
Why it matters: the exchange flags a potential enforcement decision with litigation risk and budget implications if the town pursues removal or injunctive relief.
