McCarthy v. Inhabitants of the Town of Kennebunkport

DECISION AND ORDER ON DEFENDANTS’ MOTION TO DISMISS

HORNBY, District Judge.

This case arose out of a dispute between a landowner 1 and the Town of Kennebunkport (“the Town”) over improvements that the landowner wished to make to his property. The Complaint names both the Town and its code enforcement officer as defendants. Count I alleges that the Town and its code enforcement officer trespassed on the landowner’s property. Count II alleges that the code enforcement officer trespassed on the landowner’s property by entering the dwelling located on the property. I conclude that Counts I and II…