Home Builders Ass'n of Maine, Inc. v. Town of Eliot

[¶ 1] Home Builders Association of Maine, Inc., E. Kenneth Zamarchi, and K/Z Enterprises, Inc. (collectively Home Builders) appeal from a grant of a summary judgment in the Superior Court (York County, Brennan, J.) in favor of the Town of Eliot in a suit challenging the Town’s Growth Management Ordinance. Home Builders contends that the court erred when it concluded that the provision of the ordinance that limits permits was not a moratorium within the meaning of 30-A M.R.S.A. § 4301(11) (1996) 1 and, accordingly, did not violate 30-A M.R.S.A. § 4356 (1996). 2 We disagree and affirm the…