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TOWN OF KITTERY v. HOYT

291 A.2d 512 (1972)

TOWN OF KITTERY v. Ernest F. HOYT and Carol Hoyt.

Supreme Judicial Court of Maine.

June 8, 1972.

Attorney(s) appearing for the Case

Duncan A. McEachern, Kittery, for plaintiff.

James H. Dineen, Kittery, Richard E. Dill, Portsmouth, N. H., for defendants.

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

WEATHERBEE, Justice.

A Justice in the Superior Court has enjoined the Defendant Mr. Hoyt from a use of Mr. and Mrs. Hoyt's property which he found not to be permitted under the municipal zoning ordinance of the Town of Kittery and he also issued a qualified order against both Defendants for removal of part of this property which had been constructed without a building permit. The Defendants appealed.

In 1966, the...

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