GUIDI v. TURNER

No. And-03-439.

845 A.2d 1189 (2004)

2004 ME 42

Kevin GUIDI et al. v. TOWN OF TURNER et al.

Supreme Judicial Court of Maine.

Decided: March 29, 2004.


Attorney(s) appearing for the Case

Curtis Webber, Esq. (orally), Linnell, Choate & Webber, Auburn, for plaintiffs.

Edward R. Benjamin Jr., Esq. (orally), Thompson & Bowie, LLP, Portland, for Town of Turner.

Merritt T.C. Ireland, Esq., Juliet T. Browne, Esq., Verrill & Dana, LLC, Portland, for Eugene Jordan.

Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, ALEXANDER, CALKINS, and LEVY, JJ.


ALEXANDER, J.

[¶ 1] Kevin and Jean Guidi appeal from a judgment of the Superior Court (Androscoggin County, Delahanty, J.) granting the Town of Turner's motion for partial summary judgment on the Guidis' complaint, alleging, as to the Town, an unconstitutional taking of their property. The Guidis assert that the court erred in concluding that the Town was immune from suit pursuant to the Maine Tort Claims Act, 14 M.R.S.A. §§ 8101-8118 (2003)...

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