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AUBRY v. TOWN OF MOUNT DESERT

Docket: Han-10-177.

10 A.3d 662 (2010)

2010 ME 111

Eugene E. AUBRY et al. v. TOWN OF MOUNT DESERT et al.

Supreme Judicial Court of Maine.

Decided: November 2, 2010.

Attorney(s) appearing for the Case

Durward W. Parkinson, Esq. , Leah B. Rachin, Esq. , Bergen & Parkinson, LLC, Kennebunk, ME, for the Town of Mount Desert.

Clifford H. Goodall, Esq. , Dyer Goodall and Denison, P.A., Augusta, ME, for Eugene E. Aubry and Janet C. Aubry.

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

SAUFLEY, C.J.

[¶ 1] This case involves a straightforward question: Can an existing restaurant in the Town of Mount Desert provide outdoor seating to its patrons? In the four years since the restaurant owner applied to the Town for authorization to provide that outdoor seating, the matter has been addressed by the Town's Planning Board, the Town's Zoning Board of Appeals, the Superior Court, and us on multiple occasions. In the middle of the process, when the...

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