MORRISON v. CITY OF PORTLAND


286 A.2d 334 (1972)

Joseph R. MORRISON et al. v. CITY OF PORTLAND.

Supreme Judicial Court of Maine.

January 20, 1972.


Attorney(s) appearing for the Case

Preti & Flaherty by Robert D. Platt, Portland, for plaintiffs.

Robert W. Donovan, Corp. Counsel, Wendell R. Davidson, Asst. Corp. Counsel, Portland, for defendant.

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


WEBBER, Justice.

The issue here is whether or not the complaint seeking a declaratory judgment and injunctive relief states a claim on which relief can be granted. The Justice below concluded that it did not and entered judgment for the defendant.

The complaint alleges in substance that plaintiffs are engaged in the business of selling cemetery markers and monuments for profit; that the defendant City of Portland maintains one or more cemeteries; that in 1970...

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