Juliano v. Town of Poland

[¶ 1] Plaintiff Frank A. Juliano appeals from a judgment entered in the Superior Court (Androscoggin County, Alexander, J.) affirming a decision of the Town of Poland Board of Appeals. The Board upheld a stop work order issued by the Poland Code Enforcement Officer directing Juliano to cease construction at his Poland bottling plant. Finding that the Board exceeded its authority, we vacate the judgment.

[¶ 2] The facts presented to the Board can be summarized as follows: Frank Juliano owns a small commercial bottling plant in an area of Poland zoned as Rural Residential. In July 1995, during…