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C.N. BROWN CO., INC. v. TOWN OF KENNEBUNK

644 A.2d 1050 (1994)

C.N. BROWN CO., INC. v. TOWN OF KENNEBUNK.

Supreme Judicial Court of Maine.

Decided July 19, 1994.

Attorney(s) appearing for the Case

Christian L. Barner (orally), Bernstein, Shur, Sawyer & Nelson, Kennebunk, for plaintiff.

Karen B. Lovell (orally), Smith, Elliott, Smith & Garmey, P.A., Saco, for defendant.

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

GLASSMAN, Justice.

The Town of Kennebunk appeals from a judgment entered in the Superior Court (York County, Brennan, J.) vacating the decision of the Zoning Board of Appeals of the Town of Kennebunk (the Board) denying C.N. Brown Co., Inc.'s application for a building permit. Contrary to the Town's contention, the applicable zoning ordinance does not prohibit C.N. Brown's proposed use of the subject property. Accordingly, we affirm the judgment.

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