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TWO LIGHTS LOBSTER SHACK v. CAPE ELIZABETH

712 A.2d 1061 (1998)

1998 ME 153

TWO LIGHTS LOBSTER SHACK v. TOWN OF CAPE ELIZABETH et al.

Supreme Judicial Court of Maine.

Decided June 17, 1998.

Attorney(s) appearing for the Case

Patrick J. Scully, Bernstein, Shur, Sawyer & Nelson, P.C., Portland, for plaintiff.

Michael H. Hill, Monaghan, Leahy, Hochadel & Libby, Portland, for Town of Cape Elizabeth.

Harold C. Pachios, Preti, Flaherty, Beliveau & Pachios, L.L.C., Portland, for intervenor Wayne Brooking.

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

RUDMAN, Justice.

[¶ 1] Two Lights Lobster Shack, Inc. ("The Lobster Shack"), a Cape Elizabeth restaurant, appeals from a judgment entered in Superior Court (Cumberland County, Mills, J.) affirming the decision of the Cape Elizabeth Zoning Board of Appeals. The Lobster Shack contends that the board and the court erred as a matter of law by concluding that the proposed use of the area created by the proposed foundation would constitute an impermissible extension...

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