HYLER v. TOWN OF BLUE HILL


570 A.2d 316 (1990)

Walter A. HYLER v. TOWN OF BLUE HILL.

Supreme Judicial Court of Maine.

Decided February 22, 1990.


Attorney(s) appearing for the Case

Peter R. Roy (orally), Roy & Kesaris, Ellsworth, Robert Mittel, Mittel & Hefferan, Portland, for plaintiff.

Paul W. Chaiken (orally), Edmond J. Bearor, Rudman & Winchell, Bangor, Edwin R. Schneider, Blue Hill, for defendant.

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


HORNBY, Justice.

In this case we interpret the statutory requirement that a planning board "issue an order" in approving or disapproving a subdivision proposal. We conclude that the statute requires more than a simple vote approving or disapproving the proposal.

Walter and Elaine Hyler purchased a 28.-29 acre parcel of land on the westerly flank of Blue Hill in the Town of Blue Hill on December 31, 1986. In March...

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