FARLEY v. DEPARTMENT OF HUMAN SERVICES


621 A.2d 404 (1993)

Janice FARLEY, et al. v. DEPARTMENT OF HUMAN SERVICES.

Supreme Judicial Court of Maine.

Decided March 2, 1993.


Attorney(s) appearing for the Case

Thomas H. Kelley (orally), Pine Tree Legal Assistance, Inc., Portland, for plaintiffs.

Michael E. Carpenter, Atty. Gen., Francis E. Ackerman (orally), Asst. Atty. Gen., Augusta, for defendant.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, COLLINS and RUDMAN, JJ.


RUDMAN, Justice.

The class plaintiffs, all recipients of Aid to Families with Dependent Children (AFDC), appeal from a judgment entered in the Superior Court (Kennebec County, Brennan, J.) barring them from recovering retroactively "pass-through" payments wrongfully withheld by the Department of Human Services (DHS). On appeal, the plaintiffs contend that the DHS's refusal to make those payments constitutes an unconstitutional taking in violation of both the...

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