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ROWE v. CITY OF SOUTH PORTLAND

730 A.2d 673 (1999)

1999 ME 81

Edward ROWE v. CITY OF SOUTH PORTLAND et al.

Supreme Judicial Court of Maine.

Decided May 28, 1999.

Attorney(s) appearing for the Case

Christopher B. McLaughlin, Christopher Neagle, Verrill & Dana, LLP, Portland, for plaintiff.

Mary K. Kahl, Corporation Counsel, South Portland, for City of South Portland.

Harold C. Pachios, Sigmund D. Schutz, Preti, Flaherty, Beliveau, Pachios & Haley, LLC, Portland, for Nancy Buck.

Before WATHEN, C.J., and CLIFFORD, RUDMAN, ALEXANDER, and CALKINS, JJ.

WATHEN, C.J.

[¶ 1] Edward Rowe appeals from a judgment entered in the Superior Court (Cumberland County, Cole, J.) affirming the decision of the City of South Portland Zoning Board of Appeals' granting a setback variance to Nancy Buck. Because we agree with Rowe's contention that Buck failed to show that the property could not yield a reasonable return without the variance, we vacate the judgment.

[¶ 2] The facts may be summarized as follows...

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