Supreme Judicial Court of Maine.https://leagle.com/images/logo.png
Submitted on Briefs: November 29, 2005.
Decided: August 17, 2006.
Attorney(s) appearing for the Case
Durward W. Parkinson, Esq., Leah B. Rachin, Esq., Bergen & Parkinson, LLC, Kennebunk, for plaintiff.
Keith R. Jacques, Esq., Smith Elliott Smith & Garmey, P.A., Saco, (for City of Biddeford), Bruce M. Read, Esq., Shepard & Read, Kennebunk, (for McGoverns and Fergusons), for defendants & intervenors.
Panel: SAUFLEY, C.J., and CLIFFORD, DANA, ALEXANDER, CALKINS, LEVY, and SILVER, JJ.
Supreme Judicial Court of Maine.
SILVER, J.
[¶ 1] The City of Biddeford1 appeals from a judgment entered in the Superior Court (York County, Fritzsche, J.) vacating the decision of the Biddeford Zoning Board of Appeals (ZBA), which vacated the issuance of a building permit to Robert Logan. The City contends that the Superior Court erred by deciding that the exception to the merger provision in the Shoreland and Resource Protection Zoning Ordinance applies...
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