It will be interesting to read APPL's brief. (I wonder APPL doesn't sue former Town Manager Sutherland and the previous Town Council for ginning up the suit against Bar Harbor.)
"The appellate courts do not retry cases or hear new evidence. They do not hear witnesses testify. There is no jury. Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.
The Right to Appeal
An appeal is available if, after a trial in the U.S. District Court, the losing side has issues with the trial court proceedings, the law that was applied, or how the law was applied. Generally, on these grounds, litigants have the right to an appellate court review of the trial court’s actions. In criminal cases, the government does not have the right to appeal.
Grounds for Making an Appeal
The reasons for an appeal vary. However, a common reason is that the dissatisfied side claims that the trial was conducted unfairly or that the trial judge applied the wrong law, or applied the law incorrectly. The dissatisfied side may also claim that the law the trial court applied violates the U.S. Constitution or a state constitution."
The statement by APPL contains the usual lie they always fall back on. 20 x 30 Million pours into Bar Harbor.
Gabe and McConnons rigged economic report. An unbelievable 99% exaggeration. Until the Town Council takes that garbage off the
town Website it will be used as a weapon against the citizens. One other absurd statement is that 1.4 million in fees are lost and must be replaced. They do not have to be replaced. That is not money spent for what the citizens wanted to spend taxes on. That money was for the enjoyment of the cruise industry.
Personally I have lived in Bar Harbor for 46 years and I have not gotten one penny from cruise ships. I have lost money because of them. I was told by two of my weekly rental guests in one day that they would not come back because of the lunchtime mob and the 13 story behemoths absconding with the view. I lost 2,000 bucks ! I am probably not the only land base lodging establishment losing money. I drove to Boston and back one time and stopped and grabbed all the tourist pamphlets at the information booths. Not one had a picture of a cruise ship. Only a handful of souvenir shops belong to APPL. Ocean Properties is the main driver.
Yes. APPL seems to be repeating their case. I didn't see them arguing that the procedure was in some way deficient or the decision a misreading or unsupported by the law.
It will be interesting to read APPL's brief. (I wonder APPL doesn't sue former Town Manager Sutherland and the previous Town Council for ginning up the suit against Bar Harbor.)
"The appellate courts do not retry cases or hear new evidence. They do not hear witnesses testify. There is no jury. Appellate courts review the procedures and the decisions in the trial court to make sure that the proceedings were fair and that the proper law was applied correctly.
The Right to Appeal
An appeal is available if, after a trial in the U.S. District Court, the losing side has issues with the trial court proceedings, the law that was applied, or how the law was applied. Generally, on these grounds, litigants have the right to an appellate court review of the trial court’s actions. In criminal cases, the government does not have the right to appeal.
Grounds for Making an Appeal
The reasons for an appeal vary. However, a common reason is that the dissatisfied side claims that the trial was conducted unfairly or that the trial judge applied the wrong law, or applied the law incorrectly. The dissatisfied side may also claim that the law the trial court applied violates the U.S. Constitution or a state constitution."
https://www.uscourts.gov/about-federal-courts/court-role-and-structure/about-us-courts-appeals
The statement by APPL contains the usual lie they always fall back on. 20 x 30 Million pours into Bar Harbor.
Gabe and McConnons rigged economic report. An unbelievable 99% exaggeration. Until the Town Council takes that garbage off the
town Website it will be used as a weapon against the citizens. One other absurd statement is that 1.4 million in fees are lost and must be replaced. They do not have to be replaced. That is not money spent for what the citizens wanted to spend taxes on. That money was for the enjoyment of the cruise industry.
Personally I have lived in Bar Harbor for 46 years and I have not gotten one penny from cruise ships. I have lost money because of them. I was told by two of my weekly rental guests in one day that they would not come back because of the lunchtime mob and the 13 story behemoths absconding with the view. I lost 2,000 bucks ! I am probably not the only land base lodging establishment losing money. I drove to Boston and back one time and stopped and grabbed all the tourist pamphlets at the information booths. Not one had a picture of a cruise ship. Only a handful of souvenir shops belong to APPL. Ocean Properties is the main driver.
Yes. APPL seems to be repeating their case. I didn't see them arguing that the procedure was in some way deficient or the decision a misreading or unsupported by the law.
Yes. The BH Town Council.