HOME BUILDERS ASS'N v. TOWN OF ELIOT


750 A.2d 566 (2000)

2000 ME 82

HOME BUILDERS ASSOCIATION OF MAINE, INC., et al. v. TOWN OF ELIOT.

Supreme Judicial Court of Maine.

Decided May 10, 2000.


Attorney(s) appearing for the Case

John C. Bannon, (orally), Murray Plumb & Murray, Portland, for plaintiffs.

Christopher L. Vaniotis, (orally), Bernstein, Shur, Sawyer & Nelson, P.A., Portland, for defendant.

Before WATHEN, C.J., and CLIFFORD, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.


CLIFFORD, J.

[¶ 1] Home Builders Association of Maine, Inc., E. Kenneth Zamarchi, and K/Z Enterprises, Inc. (collectively Home Builders) appeal from a grant of a summary judgment in the Superior Court (York County, Brennan, J.) in favor of the Town of Eliot in a suit challenging the Town's Growth Management Ordinance. Home Builders contends that the court erred when it concluded that the provision of the ordinance that limits permits was not a moratorium...

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