JONATHAN R. DAY
TOWN OF PHIPPSBURG et al
Argued November 5, 2014
On the briefs:
James D. Poliquin, Esq., Norman, Hanson, & DeTroy, LLC, Portland, for appellant Jonathan R. Day.
Chris Neagle, Esq., Troubh Heisler, PA, Portland, for appellee Carol Reece.
Jessica L. Maher, Esq., Moncure & Barnicle, Topsham, for appellee Town of Phippsburg.
At oral argument:
James D. Poliquin, Esq., for appellant Jonathan R. Day.
Chris Neagle, Esq., for appellee Carol Reece.
Panel: SAUFLEY, C.J., and ALEXANDER, MEAD, GORMAN, JABAR, and HJELM, JJ.[*]
[¶1] Jonathan R. Day appeals from a judgment entered in the Superior Court (Sagadahoc County, Horton, J.) in favor of
Carol Reece and the Town of Phippsburg (Town) on Day's request for declaratory relief. Day contends that the court erred in determining that certain property owned by Reece qualifies as a grandfathered nonconforming lot within the meaning of the Phippsburg Shoreland Zoning Ordinance (PSZO). He argues that the grandfathered status of a nonconforming lot that was created by the merger of two nonconforming lots, once lost by the unlawful division of that merged lot, cannot be ...