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GENSHEIMER v. TOWN OF PHIPPSBURG

926 A.2d 1168 (2007)

2007 ME 85

Gregory G. GENSHEIMER et al. v. TOWN OF PHIPPSBURG.

Supreme Judicial Court of Maine.

Decided: July 10, 2007.

Attorney(s) appearing for the Case

Geoffrey H. Hole, Esq., Joan M. Fortin, Esq., Bernstein Shur Sawyer & Nelson, P.A., Portland, for plaintiffs.

John F. Barnicle, Esq., Richard L. Hornbeck, Esq., Jessica L. Maher, Esq., Moncure & Barnicle, Brunswick, for defendant.

Dissent: ALEXANDER, J.

SILVER, J.

[¶ 1] The Town of Phippsburg appeals from a judgment of the Superior Court (Sagadahoc County, Delahanty, J.) vacating the decision of the Town of Phippsburg Zoning Board of Appeals that upheld the Town Planning Board's denial of Gregory G. Gensheimer's and Kathleen F. Gensheimer's application to construct a new road to access their home. The Town contends that the Superior Court erred in its interpretation...

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