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HERRLE v. TOWN OF WATERBORO

763 A.2d 1159 (2001)

2001 ME 1

Eric HERRLE and Diane Herrle v. TOWN OF WATERBORO and Douglas C. Foglio Sr.

Supreme Judicial Court of Maine.

Decided January 4, 2001.

Attorney(s) appearing for the Case

John C. Bannon (orally), Murray Plumb & Murray, Portland, for plaintiff.

Kenneth M. Cole III (orally), Natalie L. Burns, Jensen Baird Gardner & Henry, Portland, for defendant Town of Waterboro.

Michael H. Hill (orally), Thomas G. Leahy, Monaghan, Leahy, Hochadel & Libby, LLP, Portland, for defendant Douglas Folio.

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

RUDMAN, J.

[¶ 1] The Town of Waterboro and Douglas C. Foglio Sr. appeal from a judgment entered in the Superior Court (York County, Brennan, J.) vacating the reconsidered decision of the Waterboro Zoning Board of Appeals (ZBA) and reinstating an earlier decision by the ZBA. In that earlier decision, the ZBA determined that Foglio's gravel pit had lost its grandfathered status through discontinuance and, therefore, required conditional use approval prior...

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