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MACK v. MUNICIPAL OFF. OF TOWN OF CAPE ELIZABETH

463 A.2d 717 (1983)

Alvin G. MACK and Pya C. Mack v. MUNICIPAL OFFICERS OF the TOWN OF CAPE ELIZABETH.

Supreme Judicial Court of Maine.

Decided July 29, 1983.

Attorney(s) appearing for the Case

Pierce, Atwood, Scribner, Allen, Smith & Lancaster, Ralph L. Lancaster (orally), Daniel M. Snow, Portland, for plaintiffs.

Kelly, Remmel & Zimmerman, John N. Kelly, Graydon G. Stevens (orally), Portland, for defendant.

Before GODFREY, ROBERTS, CARTER, VIOLETTE and WATHEN, JJ.

GODFREY, Justice.

The municipal officers of the Town of Cape Elizabeth ("Town") appeal from a judgment of the Superior Court, Cumberland County, reversing a decision of the Cape Elizabeth Board of Zoning Appeals ("Board") that denied the plaintiffs Alvin G. and Pya C. Mack a building permit. The Macks cross-appeal from one finding of the Superior Court that was adverse to them.

The Macks seek to build a house on Trundy Point, a small peninsula of land they...

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