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DAVIS v. SBA TOWERS II, LLC

Docket: Wal-09-43.

979 A.2d 86 (2009)

2009 ME 82

Lorraine DAVIS et al. v. SBA TOWERS II, LLC f/k/a National Grid Communications, Inc.

Supreme Judicial Court of Maine.

Decided: August 6, 2009.

Attorney(s) appearing for the Case

Christopher P. Mulligan, Esq., Jonathan S. Springer, Esq. (orally), Bosen & Springer, P.L.L.C., Portsmouth, NH, for SBA Towers II, LLC.

Chris Vaniotis, Esq., Lori Londis Dwyer, Esq. (orally), Bernstein Shur Sawyer & Nelson, Portland, ME, for Lorraine Davis et al.

Terry W. Calderwood, Esq., Gibbons & Calderwood, L.L.P., Camden, ME, for amicus curiae Town of Lincolnville.

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

SILVER, J.

[¶ 1] SBA Towers II, LLC appeals from a judgment of the Superior Court (Waldo County, Hjelm, J.) pursuant to 30-A M.R.S. § 2691(3)(G) (2008) and M.R. Civ. P. 80B. The judgment vacated a decision by the Town of Lincolnville Board of Appeals, ordering the approval of a project by SBA's predecessor-in-interest, National Grid Communications, Inc. (Gridcom),1 to build a 190-foot telecommunications tower in the Town...

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