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WISTER v. TOWN OF MOUNT DESERT

Docket: Han-08-547.

974 A.2d 903 (2009)

2009 ME 66

Alberta WISTER v. TOWN OF MOUNT DESERT et al.

Supreme Judicial Court of Maine.

Decided: July 7, 2009.

Attorney(s) appearing for the Case

Matthew C. Worthen, Esq., Jason C. Barrett, Esq., Eaton Peabody, Ellsworth, ME, for Benjamin C. Moore and Alice G. Carter.

Roy T. Pierce, Esq., Jonathan G. Mermin, Esq., Preti, Flaherty, Beliveau & Pachios, LLP, Portland, ME, for Alberta Wister.

The brief of the Town of Mt. Desert was stricken.

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

ALEXANDER, J.

[¶ 1] Benjamin C. Moore and Alice G. Carter appeal from a judgment of the Superior Court (Hancock County, Hjelm, J.) in favor of Alberta Wister that vacated a decision of the Town of Mount Desert's Zoning Board of Appeals (ZBA) granting Moore and Carter a variance from the Town's driveway setback ordinance.1 They argue that: (1) Wister lacked standing to appeal the ZBA's decision to the Superior Court; (2) the...

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