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TOWN OF ARUNDEL v. SWAIN

374 A.2d 317 (1977)

TOWN OF ARUNDEL v. Morrill and Frances SWAIN.

Supreme Judicial Court of Maine.

June 8, 1977.

Attorney(s) appearing for the Case

Smith, Elliott, Wood & Nelson, P.A. by Alan S. Nelson, Saco, for plaintiff.

Reagan, Ayer & Adams by Wayne T. Adams, Kennebunk, for defendants.

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

DELAHANTY, Justice.

By its complaint, the Town of Arundel (the Town) sought to enjoin defendants, Morrill and Frances Swain (the Swains), from violation of a local subdivision ordinance. From judgment entered for defendants, the Town appeals. We deny the appeal.

Pursuant to 30 M.R.S.A. § 4956,1 the Town enacted a subdivision ordinance on March 17, 1972 which required local approval of subdivision developments. Although they...

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