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RICHARDSON v. TOWN OF KITTERY

571 A.2d 1201 (1990)

Gerald RICHARDSON and Freda Richardson v. TOWN OF KITTERY.

Supreme Judicial Court of Maine.

Decided March 19, 1990.

Attorney(s) appearing for the Case

Gary H. Reiner (orally), Patrick S. Bedard, Reiner & Bouffard, Kittery, for plaintiffs.

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

Before McKUSICK, C.J., and ROBERTS, WATHEN, CLIFFORD, HORNBY and COLLINS, JJ.

HORNBY, Justice.

In this case we decide that a second Rule 80B complaint can be properly commenced by filing a supplemental complaint under M.R.Civ.P. 15(d).

The Richardsons would like to build a garage on their property in Kittery's resource protection zone. On June 6, 1986, the Kittery Board of Zoning Appeals denied their request to locate the garage sixty-five feet from the surrounding wetlands. The Richardsons filed a timely complaint in Superior Court...

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