Legal Opinion

McCarthy v. City of South Portland

Supreme Judicial Court of Maine

Decided March 16, 1990Published

1Opinion of the Court

ROBERTS, Justice.

Developers Donald McCarthy and Mar-don Corporation appeal a Superior Court judgment (Cumberland County, Alexander, J.), following a non-jury trial, in favor of the City of South Portland and the South Portland Planning Board. In a declaratory judgment and M.R.Civ.P. 80B action the developers challenged the validity of a moratorium ordinance and alleged that, even if the ordinance was validly enacted, the plaintiffs’ site plan application was pending at the time of enactment. We affirm the trial court’s findings that the ordinance was properly enacted and that the plaintiffs’…

2Cases cited3 opinions

  1. Larrivee v. TimmonsSupreme Judicial Court of Maine · 1988
  2. Waste Disposal Inc. v. Town of PorterSupreme Judicial Court of Maine · 1989
  3. Leadbetter v. MorseSupreme Judicial Court of Maine · 1986

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