Richards v. Ellis

WILLIAMSON, Chief Justice.

The plaintiff-appellant brought separate actions against five members of the licensing board of the Town of York for denial of a victualer’s license for his cocktail lounge on the asserted grounds of bad faith and malice. 30 M.R.S.A. § 2752 — licensing board. On defendant’s motion in each case the action was dismissed for “failure to state a claim upon which relief can be granted”. Maine Rules Civil Procedure, Rule 12(b) (6). The Court ruled “immunity as a matter of law there being no allegation that Defendant profited from the alleged malice.” The appeals followed…