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State Courts -
Maine - July 6 - July 11, 2007
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Gensheimer v. Town of Phippsburg, Docket: Sag-06-430,
SUPREME JUDICIAL COURT OF MAINE, July 10, 2007, Decided
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Overview: Order vacating denial of owners' application to build road to access home was improper because the home, although a legal non-conforming use, was prohibited in town's Resource Protection District (RPD) and under Phippsburg, Me., Shoreland Zoning Ordinance § 15, road development in RPD was only allowed to provide access to permitted uses in RPD.
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State v. Keene, Docket: And-06-114,
SUPREME JUDICIAL COURT OF MAINE, July 10, 2007, Decided
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Overview: Defendant's jury trial right under U.S. Const. amend. VI, Me. Const. art. I, § 6, and Apprendi and its progeny was not violated by the imposition of consecutive sentences based on judicial fact-finding under Me. Rev. Stat. Ann. tit. 17-A, § 1256 (1983 & Supp. 2003), as each sentence did not exceed the statutory maximum.
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