Legal Opinion

Jss Realty Co. v. Town of Kittery, Me

District Court, D. Maine

Decided September 20, 2001No. CIV. 01-67-P-CPublished

1Opinion of the Court

MEMORANDUM OF DECISION AND ORDER DENYING PLAINTIFFS’ MOTION TO REMAND

GENE CARTER, District Judge.

Plaintiffs originally filed this action in Maine Superior Court challenging Defendant Town of Kittery’s enactment and application of a zoning ordinance to Plaintiffs’ land use permit application for a retail development known as Willey Creek. The ordinance, Plaintiff alleges, abolished the transfer of retail development rights. Plaintiffs’ Amended Complaint sets forth the following claims: the retroactive ordinance impairs the right to contract, in violation of Article I, Section 11 of the Maine…

2Cases cited9 opinions

Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
Burford v. Sun Oil Co.Supreme Court of the United States · 1943
New Orleans Public Service, Inc. v. Council of City of New OrleansSupreme Court of the United States · 1989
Carmen Fragoso, A/K/A Carmen Fragoso De Conway v. Dr. Maria A. LopezCourt of Appeals for the First Circuit · 1993
Ullis v. Inhabitants of Town of Boothbay HarborSupreme Judicial Court of Maine · 1983

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