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E. PERRY IRON v. CITY OF PORTLAND

896 A.2d 956 (2006)

2006 ME 52

E. PERRY IRON & METAL CO., INC. v. CITY OF PORTLAND.

Supreme Judicial Court of Maine.

Decided: May 8, 2006.

Attorney(s) appearing for the Case

David M. Hirshon, Esq., Marshall J. Tinkle, Esq., Tompkins, Clough, Hirshon & Langer, Portland, for the plaintiff.

Penny Littell, Esq., Gary C. Wood, Esq., City of Portland, Portland, for the defendant.

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

SAUFLEY, C.J.

[¶ 1] The City of Portland appeals from a judgment of the Superior Court (Cumberland County, Delahanty, J.) in favor of E. Perry Iron & Metal Co., Inc., on one count of Perry's two-count complaint contesting the City's failure to act on Perry's application for a junkyard permit and challenging the validity of a City ordinance. Because the appeal is interlocutory and no exception to the final judgment rule applies, we grant Perry's motion...

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