MARTON v. TOWN OF OGUNQUIT


759 A.2d 704 (2000)

2000 ME 166

Bruce MARTON v. TOWN OF OGUNQUIT.

Supreme Judicial Court of Maine.

Decided: October 2, 2000.


Attorney(s) appearing for the Case

Ralph Austin, Esq., Michael J. O'Toole, Esq. (orally), Woodman, Edmands, Danylik & Austin, P.A., Biddeford, for the plaintiff.

John P. McVeigh, Esq., Jeffrey T. Edwards, Esq. (orally), Preti, Flaherty, Beliveau, Pachios & Haley, Portland, for the defendant.

Panel: WATHEN, C.J., and CLIFFORD, RUDMAN, SAUFLEY, ALEXANDER, and CALKINS, JJ.


RUDMAN, J.

[¶ 1] The Town of Ogunquit appeals from a judgment entered in the Superior Court (York County, Fritzsche, J.) vacating the decision of the Ogunquit Zoning Board of Appeals; and thereby rescinding a stop work order, and allowing Bruce Marton to construct three amateur radio towers on his property. The Town argues that the Superior Court erred when it determined that a provision of the Ogunquit Zoning Ordinance permitted Marton

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