JSS REALTY CO. v. TOWN OF KITTERY, ME

CIV. No. 01-67-P-C.

164 F.Supp.2d 46 (2001)

JSS REALTY CO., LLC, a New Hampshire limited liability company, Willey Creek Company, Inc., a New Hampshire corporation, Anne E. Blake, as successor trustee of Trust A of Harold L. Durgin Family Trust, and as successor trustee of Trust B of Harold L. Durgin Family Trust, Flagship Management Company, Inc., and D.L.J. Corp., a Maine corporation doing business as Century 21 Atlantic Realty, Plaintiffs v. TOWN OF KITTERY, Maine, Defendant

United States District Court, D. Maine.

September 20, 2001.


Attorney(s) appearing for the Case

Robert S. Frank, Harvey & Frank, Portland, ME, for JSS Realty Company, LLC., Willey Creek Company, Inc., Flagship Management Company, Inc., DLJ Corporation, dba Century 21 Atlantic Realty and Ann E. Blake.

Mark V Franco, Thompson & Bowie, Portland, ME, for Town of Kittery.


MEMORANDUM OF DECISION AND ORDER DENYING PLAINTIFFS' MOTION TO REMAND

GENE CARTER, District Judge.

Plaintiffs originally filed this action in Maine Superior Court challenging Defendant Town of Kittery's enactment and application of a zoning ordinance to Plaintiffs' land use permit application for a retail development known as Willey Creek. The ordinance, Plaintiff alleges, abolished the transfer of retail development rights. Plaintiffs' Amended Complaint...

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