Summary
dismissing appeal from Superior Court's remand as interlocutory
Summary of this case from Tarbuck v. JaeckelOpinion
Argued March 11, 1983.
Decided April 4, 1983.
Appeal from the Superior Court, Somerset County.
Locke, Campbell Chapman, Frank G. Chapman (orally), Augusta, for plaintiff.
Nale Nale Law Offices, John E. Nale (orally), Waterville, for defendant.
Before GODFREY, NICHOLS, CARTER, VIOLETTE and WATHEN, JJ.
MEMORANDUM OF DECISION.
In this action the Defendant, Hadley R. Chandler, appeals a judgment of the Superior Court (Somerset County) entered October 20, 1982, which vacated a decision by the Pittsfield Zoning Board of Appeals holding that a mobile home park owned by the Defendant constituted a nonconforming use under the Pittsfield zoning ordinance. The Superior Court remanded the case to the Pittsfield Zoning Board of Appeals, directing a further remand to the Town's Planning Board for a hearing on the special exception permit application originally filed by the Defendant.
It is well-established that Superior Court judgments which vacate and remand for further proceedings are interlocutory in nature and are not final judgments reviewable by this Court. Harris Baking Company v. Maine Employment Security Commission, 457 A.2d 427, 428 (Me. 1983); MacDougall v. MacDougall, 403 A.2d 783, 784 (Me. 1979).
Accordingly, the entry is:
Appeal dismissed.
All concurring.