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STATE OF MAINE SUPERIOR COURT KENNEBEC, ss. CIVIL ACTION Docket No. >=VJ-07-3"%~
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WACHUSETT PROPERTIES INC.,  
d/b/a THE CABINS AT CHINA  
LAKE,  
Plaintiff  
v.  DECISION AND ORDER  

TOWN OF CHINA, Defendant
This case is before the court on the plaintiff's motion for summary judgment. For the following reasons, the plaintiff's motion is granted. FACTS
The parties have stipulated to the facts. The plaintiff owns "The Cabins at China Lake," three-acres of property located on the eastern shore of China Lake, in China, Maine (Town). The property consists of 26 individual cabins and a lodge, which contains a restaurant, kitchen, and other common facilities. The cabins contain sleeping and bathroom facilities, but no central heating systems or insulation. Although a central well and septic system serve the entire property, no cabin has a separate water supply or septic system. None of the cabins has cooking devices or kitchen facilities, and there are no plans to permit them.
Each year, the cabins have been rented from Memorial Day to mid-October to vacationing families directly by the plaintiff or its predecessors-in-interest. During the time plaintiff has owned the property, the average stay has been approximately six days. The shortest stay has been one day and the longest, three weeks.
The plaintiff now proposes to "condominiumize" the property by converting the interiors of the 26 cabins and lodge into separate condominium units, which could be conveyed to separate individual owners. Pursuant to the plaintiff's proposed Condominium Declaration, the building exteriors, foundations, common facilities, and land would be owned in common by the unit owners as "Common Elements" not subject to partition. The land will remain a single lot. The seasonal use of the cabins, lodge, and facilities will continue. The exterior dimensions of the buildings and structures will not change and no new structures or units will be created.
In response, the Town has advised the plaintiff that it will not allow the plaintiff to proceed with its proposed condominium plan unless the plaintiff complies with the requirements of the Town's Land Use Ordinance and Subdivision Ordinance.1 See China, Me., Land Development Code, ch. 2,

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Maine Law