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H.E. SARGENT, INC. v. TOWN OF WELLS

676 A.2d 920 (1996)

H.E. SARGENT, INC. v. TOWN OF WELLS.

Supreme Judicial Court of Maine.

Decided May 13, 1996.

Attorney(s) appearing for the Case

William S. Kany (orally), Smith Elliott Smith & Garmey, P.A., Saco, for Plaintiff.

Bruce M. Read (orally), Hodsdon Read & Shepard, Kennebunk, for Defendant.

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

RUDMAN, Justice.

H.E. Sargent, Inc. appeals from the judgment entered in the Superior Court (York County, McKinley, A.R.J.) affirming the decision of the Wells Zoning Board of Appeals barring further operation of a Sargent-owned gravel pit without planning board site approval. Sargent argues: (1) that the pit was operating legally on April 24, 1993, and therefore may continue to operate pursuant to the Wells Land Use...

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