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MALONSON v. TOWN OF BERWICK

838 A.2d 338 (2003)

Philip J. MALONSON v. TOWN OF BERWICK.

Supreme Judicial Court of Maine.

Decided: December 19, 2003.

Attorney(s) appearing for the Case

Durward W. Parkinson, Leah B. Rachin, Bergen & Parkinson, LLC, Kennebunk, for plaintiff.

Alan E. Shepard, Shepard & Read, Kennebunk, for defendant.

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

DANA, J.

[¶ 1] The Town of Berwick appeals from a judgment of the Superior Court (York County, Fritzsche, J.) vacating the Berwick Planning Board's determination that Philip J. Malonson's proposal to convert a nursing care facility into a home for recovering alcoholics would not be a "boarding-house" as that term is defined in the Berwick Land Use Ordinance. The court concluded that the proposal would be a "boardinghouse" and remanded the case to the Board...

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