KITTERY RETAIL VENTURES v. TOWN OF KITTERY


856 A.2d 1183 (2004)

2004 ME 65

KITTERY RETAIL VENTURES, LLC et al. v. TOWN OF KITTERY.

Supreme Judicial Court of Maine.

Decided: May 11, 2004.


Attorney(s) appearing for the Case

Durward W. Parkinson (orally), Susan B. Driscoll, Leah B. Rachin, Bergen & Parkinson, LLC, Kennebunk, U. Charles Remmel II (orally), Kelly, Remmel & Zimmerman, Harold J. Friedman, Michelle Giard, Friedman Gaythwaite Wolf & Leavitt, Portland, for plaintiffs.

William H. Dale (orally), Sally J. Daggett, Jensen Baird Gardner & Henry, Portland, Duncan A. McEachern, McEachern & Thornhill, Kittery, for defendant.

Robert S. Frank, Harvey & Frank, Portland, for amicus curie New England Legal Foundation.

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


CLIFFORD, J.

[¶1] Kittery Retail Ventures, LLC, DSS Land Holdings, LLC, and Stephen A. Hynes (collectively KRV) appeal from the judgments of the Superior Court (York, Fritzsche, J.) entered in favor of the Town of Kittery on both counts of KRV's complaint. KRV contends that the Superior Court erred when, in an appeal KRV had brought pursuant to M.R. Civ. P. 80B, it affirmed the Kittery Planning Board's decision to apply the terms of the zoning ordinance...

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