Legal Opinion

A.F.A.B., Inc. v. Town of Old Orchard Beach

Supreme Judicial Court of Maine

Decided March 28, 1994PublishedCited by 37 opinions

1Opinion of the Court

CLIFFORD, Justice.

Plaintiff A.F.A.B., Inc. (AFAB) appeals from a judgment of the Superior Court (York County, Fritzsche, J.) in favor of defendant Town of Old Orchard Beach (Town). The Superior Court held that, although AFAB had proven all of the requirements of unjust enrichment against the Town, municipal immunity precludes AFAB’s recovery in this case. Because we conclude that municipal immunity is not necessarily a bar to recovery for unjust enrichment in every case, we vacate the judgment and remand to the Superi- or Court.

In the spring of 1988, the Town owned the Ballpark in Old Orchard…

2Cases cited13 opinions

  1. Martin v. CampanaroCourt of Appeals for the Second Circuit · 1946
  2. City of Auburn v. DesgrosseilliersSupreme Judicial Court of Maine · 1990
  3. Maine School Administrative District No. 15 v. RaynoldsSupreme Judicial Court of Maine · 1980
  4. A.F.A.B., Inc. v. Town of Old Orchard BeachSupreme Judicial Court of Maine · 1992
  5. Estate of WhiteSupreme Judicial Court of Maine · 1987

8 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Young v. YoungWashington Supreme Court · 2008
  2. Young v. YoungWashington Supreme Court · 2008
  3. Vertex, Inc. v. City of WaterburySupreme Court of Connecticut · 2006
  4. Paffhausen v. BalanoSupreme Judicial Court of Maine · 1998
  5. In Re Wage Payment LitigationSupreme Judicial Court of Maine · 2000

32 more not listed; retrieve them via the Exa API.

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