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Edward J. LINCOLN, Jr., et al. v. INHABITANTS OF the TOWN OF NEWCASTLE and William H. Pynchon. The caption reflects our deletion of the Town of Newcastle Board of Appeals as a party defendant to this case. An impartial adjudicatory body without independent enforcement responsibility, the municipal zoning board is not a proper party defendant to an appeal or its own decision. See Inhabitants of the Town of Boothbay Harbor

MEMORANDUM OF DECISION.

Judgment of the Superior Court affirmed by an evenly divided court. No costs on appeal allowed to either appellees or appellants.

All concurring.

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LINCOLN v. INHABITANTS OF TOWN OF NEWCASTLE
(Sep 22, 1981)