Tucci v. City of Biddeford

[¶ 1] Peter Tucci appeals from the summary judgment granted by the Superior Court (York County, Brennan, J.) to the City of Biddeford. Tucci sought the refund of fees he paid to the City for sewer services assessed to the business property he leased. Tucci argues that the court erred in applying the estimated benefits analysis and contends that he was entitled to summary judgment on his claim for unjust enrichment. We agree with Tucci’s contention regarding the estimated benefits analysis, but we also conclude that genuine issues of material fact exist with respect to whether the City was…