TOWN OF KITTERY v. WHITE


435 A.2d 405 (1981)

TOWN OF KITTERY v. Robert WHITE and Thomasine Piche.

Supreme Judicial Court of Maine.

Decided October 2, 1981.


Attorney(s) appearing for the Case

McEachern & Thornhill, Duncan A. McEachern (orally), Kittery, for plaintiff.

Gary H. Reiner (orally), Kittery, for defendant.

Before McKUSICK, C. J., and GODFREY, NICHOLS, ROBERTS, CARTER, VIOLETTE and WATHEN, JJ.


McKUSICK, Chief Justice.

Plaintiff Town of Kittery appeals from the denial by the Superior Court, York County, of its request for an injunction against defendant White's conduct of a used tire business on a lot, owned by defendant Piche, zoned partly for business and partly for residential use. We hold that the Superior Court erred in declaring i) that White's business is a lawful nonconforming use of the Piche lot and ii) that the Town is barred from applying different...

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