Legal Opinion

William A. Horton v. Town of Casco

Supreme Judicial Court of Maine

Decided December 19, 2013No. Cum-12-435Published

1Opinion of the CourtMead, J.

[¶ 1] William A. Horton appeals from a judgment of the Superior Court (Cumberland County, Cole, J.) affirming the Town of Casco Zoning Board of Appeals (ZBA), which upheld the Town of Casco Planning Board’s approval of AT & T Mobility’s application to build a wireless communications tower. On appeal, Horton argues that a lease agreement between AT & T and Shellie and Robert Symonds creates a new lot that does not meet the minimum space and setback requirements of articles 8.8.1(d)(4) and 4.4.2(C) of the Town of Cas-co’s Zoning Ordinance. Because we conclude that the lease does not create a…

2Cases cited8 opinions

  1. Town of Arundel v. SwainSupreme Judicial Court of Maine · 1977
  2. Mills v. Town of EliotSupreme Judicial Court of Maine · 2008
  3. Town of Union v. StrongSupreme Judicial Court of Maine · 1996
  4. Planning Bd. of Town of Naples v. MichaudSupreme Judicial Court of Maine · 1982
  5. Global Tower, LLC v. Hamilton TownshipDistrict Court, M.D. Pennsylvania · 2012

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