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CUSHING NATURE CENTER v. TOWN OF CUSHING

785 A.2d 342 (2001)

2001 ME 149

CUSHING NATURE AND PRESERVATION CENTER v. TOWN OF CUSHING et al.

Supreme Judicial Court of Maine.

Decided: October 29, 2001.

Attorney(s) appearing for the Case

William H. Dale (orally), Sally J. Daggett, Jensen Baird Gardner & Henry, Portland, for plaintiff.

Daniel J. Mitchell (orally), Lee K. Bragg, Joan M. Fortin, Bernstein Shur Sawyer & Nelson, P.A., Portland, for defendant.

Karin F. Marchetti, Land Conservation Legal Services, Bernard, for amicus curiae, Maine Coast Heritage Trust.

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

SAUFLEY, J.

[¶ 1] The Cushing Nature and Preservation Center appeals from a judgment of the Superior Court (Knox County, Atwood, J.) denying its motion for summary judgment and granting a summary judgment in favor of the Town of Cushing on the Center's action for a declaratory judgment. The Center argues that its property qualifies for a charitable property tax exemption pursuant to 36 M.R.S.A. § 652(1) (1990 & Supp.2000) and is entitled to a...

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