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NESTLE WATERS NORTH AMERICA, INC. v. TOWN OF FRYEBURG

Docket: Oxf-08-419

967 A.2d 702 (2009)

2009 ME 30

NESTLE WATERS NORTH AMERICA, INC. v. TOWN OF FRYEBURG et al.

Supreme Judicial Court of Maine.

Decided: March 19, 2009.

Attorney(s) appearing for the Case

Philip F.W. Ahrens, Esq., Catherine R. Connors, Esq. (orally), Brian M. Rayback, Esq., Pierce Atwood LLP, Portland, ME, for Nestle Waters North America, Inc.

John J. Wall, III, Esq. (orally), Monaghan Leahy, LLP, Portland, ME, for the Town of Fryeburg.

Scott D. Anderson, Esq. (orally), Verrill Dana LLP, Portland, ME, for Western Maine Residents for Rural Living.

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

MEAD, J.

[¶ 1] Nestle Waters North America, Inc., d/b/a Poland Spring Bottling Company (Poland Spring), appeals pursuant to M.R. Civ. P. 80B from a judgment of the Superior Court (Oxford County, Cole, J.) affirming a 2007 decision of the Fryeburg Planning Board (Planning Board) to deny Poland Spring a permit to build a water loadout facility. That judgment followed the original decision by the Planning Board in 2005 to issue the permit; the reversal of...

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