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PORTLAND SAND & GRAVEL v. TOWN OF GRAY

663 A.2d 41 (1995)

PORTLAND SAND & GRAVEL, INC. v. TOWN OF GRAY, et al.

Supreme Judicial Court of Maine.

Decided August 1, 1995.

Attorney(s) appearing for the Case

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

William H. Dale (orally), Jensen, Baird, Gardner & Henry, Portland, for appellees.

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

ROBERTS, Justice.

Portland Sand & Gravel, Inc. (the Company) appeals from a judgment entered in the Superior Court (Cumberland County, Brodrick, J.) affirming the Town of Gray Planning Board's refusal to process the Company's applications for permits to expand a gravel and sand pit. The Company argues that the planning board was without discretion to refuse to process its applications and that the Superior Court should have ordered it to do so. We agree...

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