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CUNNINGHAM v. KITTERY PLANNING BD.

400 A.2d 1070 (1979)

Margaret CUNNINGHAM et al. v. KITTERY PLANNING BOARD et al.

Supreme Judicial Court of Maine.

April 24, 1979.

Attorney(s) appearing for the Case

Lund & Goodall by Clifford H. Goodall, Augusta (orally), for plaintiff.

Verrill & Dana by Michael T. Healy, Portland (orally), for L. J. Davidson, Assn.

McEachern, Winiarski & Thornhill by Duncan A. McEachern, Kittery (orally), for Town of Kittery and Rossiter.

Before McKUSICK, C. J., and POMEROY, WERNICK, ARCHIBALD, GODFREY and NICHOLS, JJ.

GODFREY, Justice.

Fourteen persons owning property in the town of Kittery brought a five-count complaint in Superior Court seeking both judicial review of the Kittery Planning Board's approval of a subdivision application made pursuant to 30 M.R.S.A. § 4956 and injunctive relief against further development of the subdivision. The Superior Court dismissed two counts of the complaint and granted summary judgment for the defendants on the remaining three counts...

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