
    Edward J. LINCOLN, Jr., et al. v. INHABITANTS OF the TOWN OF NEWCASTLE and William H. Pynchon.
    
    Supreme Judicial Court of Maine.
    Argued May 6, 1981.
    Decided Sept. 22, 1981.
    Law Offices of William F. Hufnagel, R. Howard Lake, (orally), Winthrop, for plaintiffs.
    Snyder & Jumper, Ervin D. Snyder, Wis-casset, (orally), for William H. Pynchon.
    Sewall, .Mittel & Hefferan, Courtney Whitney, Jr., Damariscotta, for Town of Newcastle.
    
      Before McKUSICK, C. J., and WER-NICK, GODFREY, ROBERTS and CARTER, JJ.
    
      
      . 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 v. Russell, Me., 410 A.2d 554, 559-60 (1980).
    
    
      
      Wernick, J., sat at oral argument and in the initial conference but retired prior to adoption of this opinion.
    
   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.  