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STEWART v. INHABITANTS OF TOWN OF DURHAM

451 A.2d 308 (1982)

Kenneth STEWART et al. v. INHABITANTS OF TOWN OF DURHAM et al.

Supreme Judicial Court of Maine.

Decided October 14, 1982.

Attorney(s) appearing for the Case

Sayer & Golden, Michael Sayer (orally), Richard Golden, Lisbon Falls, for plaintiffs.

Linnell, Choate & Webber, G. Curtis Webber (orally), Auburn, for defendants.

Before McKUSICK, C.J., and GODFREY, NICHOLS, ROBERTS, CARTER, VIOLETTE and WATHEN, JJ.

McKUSICK, Chief Justice.

Defendant Town of Durham1 appeals from an order of the Superior Court (Androscoggin County) enjoining the Town from enforcing its mobile home ordinance against the Stewarts. The Superior Court held that the ordinance, which excludes from the Town all mobile homes except those located in duly licensed mobile home parks, is unconstitutional in its entirety because of its broad "grandfather clause." In so doing, the...

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