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MALONSON v. TOWN OF BERWICK

853 A.2d 224 (2004)

2004 ME 96

Philip J. MALONSON v. TOWN OF BERWICK.

Supreme Judicial Court of Maine.

Decided: July 23, 2004.

Attorney(s) appearing for the Case

Leah B. Rachin (orally), Durward W. Parkinson, Bergen & Parkinson, L.L.C., Kennebunk, for plaintiff.

Alan E. Shepard (orally), Shepard & Read, Kennebunk, for defendant.

Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, 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 decision to deny Philip J. Malonson a conditional use permit to operate a home for recovering alcoholics. Because Malonson's proposal satisfies the Berwick Land Use Ordinance's definition of a "boardinghouse," we affirm the judgment.

I. BACKGROUND

[¶ 2] In the fall of 2002, Malonson purchased...

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