Malonson v. Town of Berwick

[¶ 1] The Town of Berwick appeals from a judgment of the Superior Court (York County, Fritzsche, J.) vacating the Ber-wick Planning Board’s determination that Philip J. Malonson’s proposal to convert a nursing care facility into a home for recovering alcoholics would not be a “boardinghouse” as that term is defined in the Ber-wick Land Use Ordinance. The court concluded that the proposal would be a “boardinghouse” and remanded the case to the Board to determine whether “the other requirements for a [conditional] use permit” were met. 1 Because there is no final judgment before us, we dismiss…