Thacker v. Konover Development Corporation

In Thacker v. Konover Development Corporation, 2003 ME 30, 818 A.2d 1013 owners of an existing Arby's restaurant challenged the decision of the Topsham Planning Board to approve a nearby large commercial subdivision. The Law Court held, at P12, that, "A reduction in the level of service of Arby's access drive during peak hours does not, however, constitute, 'unreasonable highway or public road congestion or unsafe conditions.'", quoting from 30-A M.R.S.A. 4404(5). The Law Court found that the Board was not in error in concluding that the statutory requirements found at 30-A M.R.S.A. 4404(5) were met.