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TOWN OF WATERBORO v. LESSARD

287 A.2d 126 (1972)

TOWN OF WATERBORO v. Leo P. LESSARD and Germaine Lessard. Leo P. LESSARD and Germaine Lessard v. BOARD OF APPEALS, TOWN OF WATERBORO.

Supreme Judicial Court of Maine.

February 11, 1972.

Attorney(s) appearing for the Case

Waterhouse, Carroll & Cyr, by Robert N. Cyr, Biddeford, for plaintiff.

Smith, Elliott & Wood, by Roger Elliott, Saco, for defendant.

Before DUFRESNE, C. J., and WEBBER, WEATHERBEE, POMEROY, WERNICK, and ARCHIBALD, JJ.

ARCHIBALD, Justice.

On appeal.

These two cases were consolidated, tried, and argued together in the Superior Court resulting in judgments adverse to the plaintiff in Docket #1744A and to the defendant in Docket #1760,1 from which appeals were taken. The Superior Court had ruled that the Town's ordinance, as it related to side yard controls, was invalid.

In 1958 the Town adopted an ordinance containing this provision:

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