SOLD, INC. v. TOWN OF GORHAM


868 A.2d 172 (2005)

2005 ME 24

SOLD, INC., et al. v. TOWN OF GORHAM.

Supreme Judicial Court of Maine.

Decided: February 3, 2005.


Attorney(s) appearing for the Case

Gregory M. Cunningham, Esq. (orally), Bernstein, Shur, Sawyer & Nelson, P.A., Portland, for plaintiffs.

William H. Dale, Esq. (orally), Sally J. Daggett, Esq., Jensen Baird Gardner & Henry, Portland, for defendant.

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


ALEXANDER, J.

[¶ 1] Seven subdivision developers1 brought a declaratory judgment action challenging a Town of Gorham ordinance requiring collection of impact fees as a condition of approval of subdivisions. The Superior Court (Cumberland County, Crowley, J.) determined that the ordinance violated 30-A M.R.S.A. § 4354 (1996 & Supp.2004), but entered judgment in favor of only one of the plaintiffs. It determined that...

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