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WITHAM FAMILY LTD. v. TOWN OF BAR HARBOR

Docekt: Han-11-67.

30 A.3d 811 (2011)

2011 ME 104

WITHAM FAMILY LIMITED PARTNERSHIP v. TOWN OF BAR HARBOR, et al.

Supreme Judicial Court of Maine.

Decided: November 1, 2011.

Attorney(s) appearing for the Case

John C. Bannon, Esq. (orally), and John B. Shumadine, Esq. , Murray, Plumb & Murray, Portland, for appellant The Witham Family Limited Partnership.

William B. Devoe, Esq. (orally), P. Andrew Hamilton, Esq. , and Jonathan A. Pottle, Esq. , Eaton Peabody, Bangor, for appellee North-South Corp.

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

GORMAN, J.

[¶ 1] The Witham Family Limited Partnership (the Partnership) appeals from a judgment of the Superior Court (Hancock County, Cuddy, J.) dismissing its complaint against the Town of Bar Harbor and North South Corporation. In its complaint, filed pursuant to M.R. Civ. P. 80B, the Partnership challenged two decisions of the Town's Zoning Board of Appeals in connection with North South's application to construct a hotel. The Partnership contends...

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