Benjamin v. Houle

McKUSICK, Chief Justice.

This appeal presents the question of whether a municipal ordinance requiring a permit for excavation of gravel constitutes “zoning” within the meaning of 30 M.R.S.A. § 4962UXH). 1

On July 25,1979, defendant Auburn Planning Board issued a one-year excavation permit to defendant Lucien Houle. The purpose of the excavation was to remove gravel from land owned by defendant Louis Allain. After issuance of the permit plaintiffs, who own land adjoining Allain’s, attempted to appeal the Planning Board decision to the Board of Appeals of the City of Auburn. The Board of Appeals…