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GOLDSTEIN v. CITY OF SOUTH PORTLAND

728 A.2d 164 (1999)

1999 ME 66

Mark GOLDSTEIN v. CITY OF SOUTH PORTLAND et al.

Supreme Judicial Court of Maine.

Decided April 27, 1999.

Attorney(s) appearing for the Case

Brenda M. Buchanan, Warren, Currier & Buchanan, LLC, PA, Portland, for plaintiff.

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

Wayne and Elizabeth Ross, South Portland, for defendants.

Before CLIFFORD, RUDMAN, DANA, ALEXANDER, and CALKINS, JJ.

DANA, J.

[¶ 1] The City of South Portland appeals from a judgment entered in the Superior Court (Cumberland County, Mills, J.) vacating the South Portland Zoning Board of Appeals' grant of a setback variance to Wayne and Elizabeth Ross for the reconstruction of a residence and garage. Because the Rosses failed to demonstrate that their property could not yield a reasonable return without the variance, we affirm the court's judgment.

[¶ 2]...

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