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APPLETREE COTTAGE v. TOWN OF CAPE ELIZABETH

Docket: Cum-16-373.

169 A.3d 396 (2017)

2017 ME 177

APPLETREE COTTAGE, LLC, v. TOWN OF CAPE ELIZABETH.

Supreme Judicial Court of Maine.

Decided: August 8, 2017.

Attorney(s) appearing for the Case

Sigmund D. Schutz, Esq. , and Jonathan G. Mermin, Esq. , Preti Flaherty Beliveau & Pachios, LLP, Portland, for appellant Appletree Cottage, LLC.

John J. Wall, III, Esq. , Monaghan Leahy, LLP, Portland, for appellant Town of Cape Elizabeth.

Panel: SAUFLEY, C.J., and ALEXANDER, GORMAN, JABAR, and HJELM, JJ.

[¶ 1] Appletree Cottage, LLC, appeals from a judgment of the Superior Court (Cumberland County, Mills, J.) affirming the Cape Elizabeth Code Enforcement Officer's issuance of a building permit. Because the Town Code Enforcement Officer's decision granting the building permit is the operative decision on appeal and because that...

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