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MAYBERRY v. TOWN OF OLD ORCHARD BEACH

599 A.2d 1153 (1991)

Bruce B. MAYBERRY v. TOWN OF OLD ORCHARD BEACH, et al.

Supreme Judicial Court of Maine.

Decided December 9, 1991.

Attorney(s) appearing for the Case

James B. Maguire (orally), Portland, for appellant.

Christopher Vaniotis (orally), Bernstein, Shur, Sawyer & Nelson, Portland, for appellee.

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

ROBERTS, Justice.

Bruce B. Mayberry appeals from a judgment of the Superior Court (Cumberland County, Alexander, J.) affirming the decision of the Old Orchard Beach Zoning Board of Appeals denying his building permit. On appeal Mayberry argues that the Board applied an unduly restrictive definition of "use" when it found that the nonconforming use of the building he owned lapsed because it remained unoccupied for...

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