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PHAIAH v. TOWN OF FAYETTE

866 A.2d 863 (2005)

2005 ME 20

Mitchell PHAIAH v. TOWN OF FAYETTE.

Supreme Judicial Court of Maine.

Decided: January 28, 2005.

Attorney(s) appearing for the Case

Keith R. Varner, Lipman, Katz & McKee, P.A., Augusta, for plaintiff.

David M. Sanders, Livermore Falls, for defendant.

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

CLIFFORD, J.

[¶ 1] The Town of Fayette appeals from the judgment of the Superior Court (Kennebec County, Marden, J.) vacating the decision of the Town of Fayette Board of Appeals denying a variance requested by Mitchell Phaiah. The Town contends that it did not, and was not compelled to find in Phaiah's favor on Phaiah's application for the variance. Because the findings of the Board of Appeals are ambiguous and in need of clarification, we affirm in part...

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