LOGAN v. CITY OF BIDDEFORD


905 A.2d 293 (2006)

2006 ME 102

Robert LOGAN v. CITY OF BIDDEFORD et al.

Supreme Judicial Court of Maine.

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.


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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