Kittery Retail Ventures, LLC v. Town of Kittery

[¶ 1] Kittery Retail Ventures, LLC, DSS Land Holdings, LLC, and Stephen A. Hynes (collectively KRV) appeal from the judgments of the Superior Court (York, Fritzsche, J.) entered in favor of the Town of Kittery on both counts of KRV’s complaint. KRV contends that the Superior Court erred when, in an appeal KRV had brought pursuant to M.R. Civ. P. 80B, it affirmed the Kittery Planning Board’s decision to apply the terms of the zoning ordinance amendment enacted in September of 2000 to deny KRV’s permit application. KRV also contends that the court erred when it entered a summary judgment in…