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ODIORNE LANE SOLAR, LLC v. TOWN OF ELIOT

Docket: Yor-23-80.

304 A.3d 253 (2023)

2023 ME 67

ODIORNE LANE SOLAR, LLC, et al. v. TOWN OF ELIOT, et al.

Supreme Judicial Court of Maine.

Decided: November 7, 2023.

Attorney(s) appearing for the Case

Patrick S. Bedard, Esq. (orally), Bedard & Bobrow, P.C., Eliot, for appellant Jay Meyer.

Leah B. Rachin, Esq. (orally), and Amy K. Olfene, Esq. , Drummond Woodsum, Portland, for appellee Odiorne Lane Solar, LLC, and NHSOLARGARDEN.COM, LLC.

Sandra L. Guay, Esq. (orally), Archipelago Law, LLP, Portland, for appellee Town of Eliot.

Panel: STANFILL, C.J., and MEAD, JABAR, HORTON, and CONNORS, JJ.

[¶1] The question presented is whether a large solar array project constitutes a "public utility facility" within the meaning of the Town of Eliot's Zoning Ordinance. Because we conclude that the project does not fit the Ordinance's plain language definition, we vacate the judgment of the Superior Court (York County, Douglas...

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