BENJAMIN v. HOULE


431 A.2d 48 (1981)

George BENJAMIN et al. v. Lucien HOULE et al.

Supreme Judicial Court of Maine.

Decided June 26, 1981.


Attorney(s) appearing for the Case

Isaacson, Isaacson & Hark, Robert S. Hark, (Orally), Lewiston, for plaintiffs.

Linnell, Choate & Webber, G. Curtis Webber, (Orally), Auburn, for defendants.

Before McKUSICK, C. J., and WERNICK, NICHOLS, ROBERTS and CARTER, JJ.


McKUSICK, Chief Justice.

This appeal presents the question of whether a municipal ordinance requiring a permit for excavation of gravel constitutes "zoning" within the meaning of 30 M.R.S.A. § 4962(1)(H).1

On July 25, 1979, defendant Auburn Planning Board issued a one-year excavation permit to defendant Lucien Houle. The purpose of the excavation was to remove gravel from land owned by defendant Louis Allain. After issuance...

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