BUCK v. KILGORE


298 A.2d 107 (1972)

Lester L. BUCK et al. v. Ralph T. KILGORE et al.

Supreme Judicial Court of Maine.

December 20, 1972.


Attorney(s) appearing for the Case

Richard A. Davis, Portland, for plaintiffs.

Wilson, Steinfeld, Murrell & Lane by Henry Steinfeld, Portland, for defendants.

Before DUFRESNE, C. J., and WEBBER, WEATHERBEE, POMEROY, WERNICK, and ARCHIBALD, JJ.


ARCHIBALD, Justice.

The instant case, which comes before the Law Court "on report" pursuant to M.R.C.P., Rule 72(b),1 presents a single issue: Whether section 3-2-24.7 of the "Flammable Liquids" ordinance enacted by the City of South Portland which does not allow automobile service stations within 2,000 feet of places of public assembly is a valid exercise of the police power. We answer in the negative.

The parties having agreed...

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