TOWN OF SOUTH BERWICK, ETC. v. MAINELAND, INC.


409 A.2d 688 (1980)

TOWN OF SOUTH BERWICK PLANNING BOARD v. MAINELAND, INC., et al.

Supreme Judicial Court of Maine.

January 8, 1980.


Attorney(s) appearing for the Case

Beamis, Davis, Murray & Grossman by Peter R. Taylor, Somersworth, N. H., for plaintiff.

Robert W. Ferguson, Springvale, for Maineland, Inc.

Roberts, Shirley & Humphrey, Thomas E. Humphrey, Springvale, for Hayward & MacKenzie.

Before McKUSICK, C. J., and WERNICK, GODFREY and GLASSMAN, JJ.


PER CURIAM.

The Superior Court docket on its face strongly suggests that appellant Town of South Berwick Planning Board failed to file its notice of appeal within 30 days after the entry of the judgment it sought to be appealed, and that no tolling or valid enlargement of that appeal period has occurred under the restricted circumstances exclusively permitted by Rule 73(a), M.R.Civ.P. In response to this court's order to show cause,1 appellant...

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