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Paterson v. Town of St. Albans

Supreme Judicial Court of Maine
Jan 11, 1989
552 A.2d 549 (Me. 1989)

Opinion

Argued January 6, 1989.

Decided January 11, 1989.

Appeal from the Superior Court, Somerset County, McKinley, J.

Peter H. Barnett (orally), Eames, Sterns, Washburn Barnett, Skowhegan, for plaintiffs.

Peter M. Beckerman (orally), Waterville, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, CLIFFORD and HORNBY, JJ.


MEMORANDUM OF DECISION.

The St. Albans Planning Board issued a building permit to Clarence and Sophia Paterson's neighbor, and the Board of Appeals upheld its actions. The Patersons now appeal the judgment of the Superior Court (Somerset County; McKinley, J.) affirming the Board of Appeals' decision. Substantial evidence supports the Board's conclusion that the building permit was appropriately issued upon the evidence readily available at the time of issuance. Complaints the Patersons have about what developed thereafter are properly subject to the enforcement sections of the zoning ordinance and not open to attack through appeal of the permit issuance. See Milos v. Northport Village Corp., 453 A.2d 1178, 1180 (Me. 1983).

The entry is:

Judgment affirmed.

All concurring.


Summaries of

Paterson v. Town of St. Albans

Supreme Judicial Court of Maine
Jan 11, 1989
552 A.2d 549 (Me. 1989)
Case details for

Paterson v. Town of St. Albans

Case Details

Full title:Clarence Sophie PATERSON v. TOWN OF ST. ALBANS

Court:Supreme Judicial Court of Maine

Date published: Jan 11, 1989

Citations

552 A.2d 549 (Me. 1989)