Jensen Baird Gardner and Henry
Jensen Baird Gardner and Henry
Jensen Baird Gardner and Henry

Court Rules in Favor of Town of Lovell’s Shoreland Zoning Ordinance

After a 2 ½ day trial, the Maine Superior Court ruled in favor of our client, the Town of Lovell.  It issued an injunction, ordering the owners of a vacation house on the shore of Kezar Lake in Lovell to remove a newly constructed stone patio, erected in violation of the water setback restrictions of the Town’s Shoreland Zoning Ordinance.  The case was heard in June before Superior Court Justice Lance Walker, his last State court trial before stepping down to take the open federal court judgeship in Bangor.  Bill Dale represented the Town and its CEO, in the face of a vigorous defense put on by another Portland law firm.  The MeDEP joined the Town as a co-plaintiff.  The Court even went so far as to invite the Town to submit an application for an award of its attorney’s fees and expenses, which we have done.