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SAWYER v. TOWN OF CAPE ELIZABETH

852 A.2d 58 (2004)

2004 ME 71

David SAWYER et al. v. TOWN OF CAPE ELIZABETH

Supreme Judicial Court of Maine.

Decided: June 3, 2004.

Attorney(s) appearing for the Case

Robert J. Crawford (orally), Bernstein, Shur, Sawyer & Nelson, P.A., Portland, for plaintiff.

Durward W. Parkinson (orally), Bergen & Parkinson, L.L.C., Kennebunk, for Town of Cape Elizabeth.

James B. Haddow, Bruce A. McGlauflin, Petruccelli, Martin & Haddow, L.L.P., Portland, for Joseph Frustaci.

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

LEVY, J.

[¶ 1] The primary question presented by this appeal is whether the Cape Elizabeth Planning Board's modification of a requirement of the open space zoning standards of Cape Elizabeth's zoning ordinance violates 30-A M.R.S.A. § 4353 (1996 & Supp. 2003), which reserves the authority to grant zoning variances to Zoning Boards of Appeals. Because we conclude that the modification violated section 4353, and also conclude that the Board failed to make...

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