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LEAKE v. TOWN OF KITTERY

874 A.2d 394 (2005)

2005 ME 65

Thomas LEAKE et al. v. TOWN OF KITTERY et al.

Supreme Judicial Court of Maine.

Decided: June 8, 2005.

Attorney(s) appearing for the Case

Paul W. Cadigan (orally), Kennebunk, for plaintiffs.

W. Scott O'Connell (orally), Courtney Worcester, Nixon Peabody, L.L.P., Manchester, NH, for Ronald & Jean Spinney.

Duncan A. McEachern (orally), McEachern & Thornhill, Kittery, for Town of Kittery.

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

RUDMAN, J.

[¶ 1] The Town of Kittery and the owners of the Chauncey Creek Lobster Pier, Ronald and Jean Spinney, appeal from the judgment of the Superior Court (York County, Brennan, J.) vacating the decision of the Kittery Zoning Board of Appeals (ZBA), which affirmed the decision of the Kittery Code Enforcement Officer (CEO) who found that the addition in 1984 of thirteen picnic tables at the Spinneys' restaurant was not a violation of the Town's 1977...

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