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CENTRAL MAINE POWER CO. v. TOWN OF LEBANON

571 A.2d 1189 (1990)

CENTRAL MAINE POWER COMPANY v. TOWN OF LEBANON.

Supreme Judicial Court of Maine.

Decided March 6, 1990.

Attorney(s) appearing for the Case

William H. Laubenstein, III (orally), Central Maine Power Co., Augusta, for plaintiff.

Thomas Harnett, Asst. Atty. Gen., Augusta, amicus curiae, for State of Maine.

Janet McGowan, Montpelier, Vt., amicus curiae, for Conservation Law Foundation of New England.

Karen Tilberg, Maine Audubon Soc., Falmouth, amicus curiae, for Maine Audubon Soc.

Alan E. Shepard (orally), Shepard & Read, Kennebunkport, for defendants.

Before WATHEN, GLASSMAN, CLIFFORD, HORNBY and COLLINS, JJ.

COLLINS, Justice.

Central Maine Power Company ("CMP") appeals from a summary judgment granted by the Superior Court (Kennebec County, Alexander, J.) in favor of three selectmen and the Town of Lebanon (hereinafter collectively "Lebanon"). CMP had brought a declaratory judgment action against Lebanon seeking, inter alia, a declaration that a Lebanon ordinance prohibiting non-agricultural use of pesticides without prior town approval was (1) invalid as...

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