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CUMBERLAND V.H.A. v. INH. OF TOWN OF CUMBERLAND

Civ. No. 84-0315 P.

605 F.Supp. 269 (1985)

CUMBERLAND VILLAGE HOUSING ASSOCIATES, and United States of America through Dept. of Agriculture & FmHA, v. INHABITANTS OF the TOWN OF CUMBERLAND, Robert Cram, Mrs. Beverly Johnson, Mr. Richard Moon, Mr. Daniel Bates, Mrs. Daphne Warren, Mr. Robert Humphreys and Mr. Alvin K. Ahlers, serving in their official capacities as members of the Cumberland Town Council.

United States District Court, D. Maine.

April 3, 1985.

Attorney(s) appearing for the Case

Peter W. Culley, James B. Haines, Jr., Hewes, Culley & Beals, Kevin Gaynor, Asst. U.S. Atty., Portland, Me., for plaintiff.

Kenneth M. Cole, III, Brian C. Shaw, Jensen, Baird, Gardner & Henry, Portland, Me., for defendant.

MEMORANDUM OF DECISION DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

GENE CARTER, District Judge.

Plaintiff Cumberland Village Housing Associates (Cumberland Village) is a limited partnership which has applied to appropriate agencies of defendant Inhabitants of the Town of Cumberland (the Town) for approval of a 70-unit apartment complex. The Town's Planning Board reviewed the subdivision application and, in accordance with Section 7.15 of the Town's subdivision...

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