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McCARTHY v. CITY OF SOUTH PORTLAND

571 A.2d 833 (1990)

Donald McCARTHY, et al. v. CITY OF SOUTH PORTLAND, et al.

Supreme Judicial Court of Maine.

Decided March 16, 1990.

Attorney(s) appearing for the Case

Marshall J. Tinkle (orally), John R. Bass, Thompson, McNaboe, Ashley & Bull, Portland, for plaintiffs.

Steven C. Fletcher (orally), Corp. Council, South Portland, for defendants.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, HORNBY and COLLINS, JJ.

ROBERTS, Justice.

Developers Donald McCarthy and Mardon Corporation appeal a Superior Court judgment (Cumberland County, Alexander, J.), following a non-jury trial, in favor of the City of South Portland and the South Portland Planning Board. In a declaratory judgment and M.R.Civ.P. 80B action the developers challenged the validity of a moratorium ordinance and alleged that, even if the ordinance was validly enacted, the plaintiffs' site plan application was...

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