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CROSBY v. INHABITANTS OF TOWN OF OGUNQUIT

468 A.2d 996 (1983)

Martin CROSBY d/b/a Poor Richard's Pub v. INHABITANTS OF the TOWN OF OGUNQUIT. 52 MAIN STREET, INC. d/b/a The Club, Jon J. Revere, Old Acquaintance, Inc. d/b/a The Front Porch v. INHABITANTS OF the TOWN OF OGUNQUIT, et al.

Supreme Judicial Court of Maine.

Decided December 19, 1983.

Attorney(s) appearing for the Case

John R. Kugler (orally), Daughan & Kugler, Wells, for Martin Crosby d/b/a Poor Richard's Pub.

Sheila J. Fine (orally), Fine & Cohen, P.A., Ogunquit, Professor Merle Loper (orally), University of Maine School of Law, Portland, for 52 Main Street, Inc., et al.

E. Stephen Murray (orally), John C. Bannon, Murray, Plumb & Murray, Portland, for defendants.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE, WATHEN and GLASSMAN, JJ.

WATHEN, Justice.

In this consolidated action seeking declaratory relief, plaintiffs Martin Crosby, 52 Main Street, Inc., Jon J. Revere, and Old Acquaintance, Inc. appeal from summary judgments granted by the Superior Court (York County) upholding Ogunquit's Special Amusement Ordinance. The plaintiffs challenge the ordinance on the following grounds: that it was not properly enacted; that it is an improper exercise of police power which violates due process under the...

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