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O'TOOLE v. CITY OF PORTLAND

865 A.2d 555 (2004)

2004 ME 130

Hannah O'TOOLE v. CITY OF PORTLAND.

Supreme Judicial Court of Maine.

Decided: October 27, 2004.

Attorney(s) appearing for the Case

David A. Lourie, Esq., Cape Elizabeth, for plaintiff.

Charles A. Lane, Esq., City of Portland, Portland, for defendant.

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

LEVY, J.

[¶ 1] The City of Portland appeals from a judgment entered in the Superior Court (Cumberland County, Crowley, J.) vacating the City of Portland Zoning Board of Appeals' denial of Hannah O'Toole's application for a practical difficulty variance. The City argues that the judgment should be vacated and the Board's decision affirmed because O'Toole failed to establish that her need for a variance was due...

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