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KITTERY WATER DIST. v. TOWN OF YORK

489 A.2d 1091 (1985)

KITTERY WATER DISTRICT v. TOWN OF YORK.

Supreme Judicial Court of Maine.

Decided March 27, 1985.

Attorney(s) appearing for the Case

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

Murray, Plumb & Murray, E. Stephen Murray (orally), Portland, for defendant.

Before McKUSICK, C.J., and NICHOLS, VIOLETTE, WATHEN, GLASSMAN and SCOLNIK, JJ.

NICHOLS, Justice.

The Town of York appeals from a judgment of the Superior Court (York County) sustaining the Kittery Water District's Rule 80B appeal from the decision of the York Zoning Board of Appeals; that decision upheld a public recreational use condition imposed by the York Planning Board on the District's permit to construct a reservoir in that town. The Superior Court found that even though under certain circumstances the Planning Board may, pursuant to...

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