Town of North Berwick v. Jones

McKUSICK, Chief Justice.

In this enforcement action brought by the Town of North Berwick against defendant lot owners for filling and grading within 250 feet of an alleged watercourse in violation of the Town’s ordinances, the Superior Court (York County) declared, in favor of defendants, that no watercourse ever existed on their lot and that as a result the Town’s ordinances did not restrict their filling and grading it. On the Town’s appeal, we hold that the unappealed decision by the Town’s Planning Board that a watercourse did in fact exist on defendant’s lot, by principles of collateral…