JADE REALTY CORP. v. TOWN OF ELIOT

Docket: Yor-07-535.

946 A.2d 408 (2008)

2008 ME 80

JADE REALTY CORP. v. TOWN OF ELIOT.

Supreme Judicial Court of Maine.

Decided: May 8, 2008.


Attorney(s) appearing for the Case

Mark V. Franco, Esq., Robert C. Hatch, Esq., Thompson & Bowie, LLP, Portland, ME, for the Town of Eliot.

Durward W. Parkinson, Esq., Leah B. Rachin, Esq., Bergen & Parkinson, LLC, Kennebunk, ME, for Jade Realty Corporation.

Panel: CLIFFORD, ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ.


MEAD, J.

[¶ 1] The Town of Eliot appeals from the judgment of the Superior Court (York County, Fritzsche, J.) affirming the decision of its Code Enforcement Officer (CEO) to grant a building permit to Jade Realty Corporation and vacating the decision of the Eliot Board of Appeals, which conditioned the permit upon upgrading Boyce Road to comply with the Town's building standards. The Town argues that the Superior Court erred in its interpretation of the...

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