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WAKELIN v. TOWN OF YARMOUTH

523 A.2d 575 (1987)

Gordon WAKELIN v. TOWN OF YARMOUTH et al.

Supreme Judicial Court of Maine.

Decided March 31, 1987.

Attorney(s) appearing for the Case

Thomas P. Wilson (orally), Schwartz, Wilson, Fernald & Foley, Portland, for plaintiff.

Catherine O'Connor (orally), Bernstein, Shur, Sawyer & Nelson, Portland, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, SCOLNIK and CLIFFORD, JJ.

McKUSICK, Chief Justice.

The Zoning Board of Appeals (the Board) of the Town of Yarmouth denied plaintiff Gordon Wakelin's request for a special exception under the Town's zoning ordinance. Wakelin filed in the Superior Court (Cumberland County) a timely complaint containing two counts. The first sought direct judicial review under M.R.Civ.P. 80B of the merits of the Board's decision. The second count sought a declaratory judgment that under both the United States...

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