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FITANIDES v. CITY OF SACO

843 A.2d 8 (2004)

2004 ME 32

Fred FITANIDES v. CITY OF SACO et al.

Supreme Judicial Court of Maine.

Decided: March 8, 2004.

Attorney(s) appearing for the Case

Fred Fitanides, Saco, for plaintiff.

Timothy S. Murphy, Esq., Prescott, Lemoine, Jamieson & Nelson, LLC, Saco, for City of Saco.

Christopher L. Vaniotis, Esq., Bernstein, Shur, Sawyer & Nelson, P.A., Portland, for Deshaies and Properties by the Sea, LLC.

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

CLIFFORD, J.

[¶ 1] Fred Fitanides appeals from a judgment of the Superior Court (York County, Brennan, J.), affirming, after consolidating Fitanides's five M.R. Civ. P. 80B appeals, the decisions of the Saco Planning Board and the Saco Zoning Board of Appeals. Fitanides challenges the constitutionality of two "applicability preambles" that precede amendments to the City's zoning ordinance, and contends that the plan proposed by Paul Deshaies and Properties...

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