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MURRAY v. INHABITANTS OF THE TOWN OF LINCOLNVILLE

462 A.2d 40 (1983)

James C. MURRAY II et al. v. INHABITANTS OF THE TOWN OF LINCOLNVILLE et al.

Supreme Judicial Court of Maine.

Decided July 1, 1983.

Attorney(s) appearing for the Case

W.R. Hulbert (orally), Lincolnville, Joseph B. Pellicani, Rockland, for plaintiffs.

Calderwood, Ingraham & Gibbons, Paul L. Gibbons (orally), Terry W. Calderwood, Camden, for Town of Lincolnville Planning Bd.

Verrill & Dana, Michael T. Healy (orally), Portland, for Robert P. Bahre.

James E. Tierney, Atty. Gen., Christine Foster (orally), Augusta, for Bd. of Environmental Protection.

Before McKUSICK, C.J., GODFREY, ROBERTS and CARTER, JJ., and DUFRESNE and ARCHIBALD, A.R.JJ.

McKUSICK, Chief Justice.

Both James C. Murray II and Frank W. Kibbe ("the abutters") own property in the Town of Lincolnville adjoining the tract of land of about 23 acres that is the focus of this lawsuit. In separate administrative proceedings, Robert P. Bahre was granted permission by the Maine Board of Environmental Protection ("BEP") and the Lincolnville Planning Board ("Planning Board") to construct a 44-unit condominium development on the land. The abutters...

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