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Day v. Town of Phippsburg

Supreme Judicial Court of Maine

February 10, 2015

JONATHAN R. DAY
v.
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.[*]

OPINION

Page 646

JABAR, J.

[ΒΆ1] Jonathan R. Day appeals from a judgment entered in the Superior Court (Sagadahoc County, Horton, J.) in favor of

Page 647

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 ...


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