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TINSMAN v. TOWN OF FALMOUTH

840 A.2d 100 (2004)

2004 ME 2

Patrick TINSMAN et al. v. TOWN OF FALMOUTH.

Supreme Judicial Court of Maine.

Decided: January 6, 2004.

Attorney(s) appearing for the Case

William S. Kany (orally), Aaron P. Burns, Smith Elliott Smith & Garmey, P.A., Saco, for plaintiffs.

William L. Plouffe (orally), Drummond Woodsum & MacMahon, Portland, for defendant.

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

CLIFFORD, J.

[¶ 1] Patrick Tinsman appeals from the judgment entered in the Superior Court (Cumberland County, Warren, J.) affirming the decision of the Town of Falmouth Planning Board to deny approval of a private way for two parcels of land located near Longwoods Road in Falmouth. Tinsman contends that (A) the Board erred as a matter of law in finding that Tinsman made transfers with the intent to avoid the objectives of the subdivision statute and with...

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