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OUR WAY ENTERPRISES v. TOWN OF WELLS

535 A.2d 442 (1988)

OUR WAY ENTERPRISES, INC. v. TOWN OF WELLS, et al.

Supreme Judicial Court of Maine.

Decided January 13, 1988.

Attorney(s) appearing for the Case

John R. Kugler (orally), Wells, for plaintiff.

Durward W. Parkinson (orally), Bernstein, Shur, Sawyer & Nelson, Kennebunk, for Town of Wells.

Rufus E. Brown, William L. Plouffe (orally), Drummond, Woodsum, Plimpton & MacMahon, Portland, for intervenors.

Before NICHOLS, ROBERTS, WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ.

ROBERTS, Justice.

Our Way Enterprises, Inc. (Our Way) appeals from a judgment entered in Superior Court, York County, affirming the decision of the Wells Zoning Board of Appeals (Board), which upheld the Code Enforcement Officer's (CEO) denial of Our Way's application for a construction permit. Our Way challenges both the Board's interpretation of, and the constitutionality of, a Wells zoning ordinance. John and Barbara Noseworthy intervened in opposition to Our Way...

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