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BUKER v. TOWN OF SWEDEN

644 A.2d 1042 (1994)

Earl BUKER, v. TOWN OF SWEDEN, et al.

Supreme Judicial Court of Maine.

Decided July 19, 1994.

Attorney(s) appearing for the Case

Susan Farnsworth, Farnsworth & Associates, Hallowell, for plaintiff.

David R. Hastings, Hastings Law Office, P.A., Fryeburg, Robert C. Santomenna, Drummond & Drummond, Portland, for defendants.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN, DANA, and LIPEZ, JJ.

RUDMAN, Justice.

Earl Buker appeals from the entry of a judgment in the Superior Court (Oxford County, Saufley, J.) affirming the denial by the Town of Sweden Planning Board of his application for a conditional use permit. M.R.Civ.P. 80B. We agree with the Planning Board that Buker's proposal to remove underground water from his property does not meet the definition of "mineral extraction," which is allowed under the Town's zoning ordinance as a conditional...

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