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LYNCH v. TOWN OF KITTERY

473 A.2d 1277 (1984)

Daniel O. LYNCH v. TOWN OF KITTERY, et al.

Supreme Judicial Court of Maine.

Decided April 4, 1984.

Attorney(s) appearing for the Case

Bernstein, Shur, Sawyer & Nelson, F. Paul Frinsko, Christopher L. Vaniotis (orally), Portland, for plaintiff.

McEachern & Thornhill, Duncan A. McEachern, Matthew T. Brock (orally), Kittery, for defendant.

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

WATHEN, Justice.

In 1982 and again in 1983, plaintiff Daniel O. Lynch applied to the Kittery Town Council and was refused a permit to establish an automobile graveyard and junkyard on land located in Kittery. On review pursuant to M.R.Civ.P. 80B, the Superior Court (York County) reversed the Town Council's decision and ordered issuance of a junkyard permit. Defendants, the Town of Kittery and its municipal officers,1 appeal from this decision...

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