212 A.2d 701 (Me. 1965), Drummond v. Inhabitants of Town of Manchester

Citation212 A.2d 701, 161 Me. 376
Opinion JudgePER CURIAM
Party NameGuy V. DRUMMOND v. INHABITANTS OF TOWN OF MANCHESTER.
AttorneySanford L. Fogg, Augusta, for appellant., Seward B. Brewster, Augusta, for appellee., Barnett I. Shur, Portland, amicus curiae. Sanford L. Fogg, for Appellant. Seward B. Brewster, for Appellee. Barnett I. Shur, amicus curiae.
Judge PanelBefore WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN, MARDEN and RUDMAN, JJ.
Case DateAugust 31, 1965
CourtSupreme Judicial Court of Maine

Page 701

212 A.2d 701 (Me. 1965)

161 Me. 376

Guy V. DRUMMOND

v.

INHABITANTS OF TOWN OF MANCHESTER.

Supreme Judicial Court of Maine.

August 31, 1965

[161 Me. 377] Sanford L. Fogg, Augusta, for appellant.

Seward B. Brewster, Augusta, for appellee.

Barnett I. Shur, Portland, amicus curiae.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN, MARDEN and RUDMAN, JJ.

PER CURIAM.

In 1964 plaintiff applied to the Municipal Officers of defendant town for a permit to establish and maintain upon his own property an automobile junkyard or grave-yard so-called. After notice and hearing the permit was denied. Plaintiff then brought a complaint in the nature of a petition for declaratory judgment seeking a declaration of his rights under and an interpretation of the pertinent statutes. (Now 30 M.R.S.A. §§ 2451 to 2458 inc.; formerly R.S.1954 Ch. 100, Secs. 137 to 144 inc. as amended). As of February 8, 1965 the justice below ordered summary judgment for the plaintiff on his complaint declaring that the 1964 permit should have been granted subject to and conditioned upon reasonable rules and regulations affecting operation imposed by defendant. An appeal was taken thereto.

Sec. 2452 provides in part that a permit, if granted, 'shall be valid only until the first day to the year following.' It follows that the permit for 1964, in issue here, would not be affected by our decision. Conditions change from year to year under

Page 702

which such permits are granted or denied by municipal officers. Changes...

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