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COHEN v. BOARD OF SELECTMEN, ETC.

376 A.2d 853 (1977)

Herman COHEN et al. v. BOARD OF SELECTMEN OF the TOWN OF KENNEBUNK et al.

Supreme Judicial Court of Maine.

August 12, 1977.

Attorney(s) appearing for the Case

Murray, Plumb & Murray by E. Stephen Murray, Portland, for plaintiffs.

Smith, Elliott, Wood & Nelson, P. A. by Randall E. Smith, Saco, Drummond, Wescott & Woodsum by John A. Graustein, Portland, for defendants.

Before DUFRESNE, C. J., and POMEROY, WERNICK, ARCHIBALD, DELAHANTY and GODFREY, JJ.

POMEROY, Justice.

Appellee Littell received favorable action on his written application to the municipal officers of the Town of Kennebunk for a license to build a wharf in tidewaters within the limits of the town. All the proceedings were ostensibly had in accordance with 38 M.R.S.A. § 1022 (Wharves and Fish Weirs Statute). The granting of the license resulted from a majority vote of the five selectmen.1

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