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E. PERRY IRON & METAL v. CITY OF PORTLAND

941 A.2d 457 (2008)

2008 ME 10

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

Supreme Judicial Court of Maine.

Decided: January 15, 2008.

Attorney(s) appearing for the Case

Marshall J. Tinkle, Esq., David Hirshon, Esq., Tompkins, Clough, Hirshon & Langer, P.A., Portland, ME, for the appellant.

Gary C. Wood, Esq., Penny Littell, Esq. City of Portland, Office of Corporation Counsel, Portland, ME, for the appellee.

Rebecca Warren Steel, Esq., Maine Municipal Association, Augusta, ME, for amicus curiae.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ.

MEAD, J.

[¶ 1] E. Perry Iron & Metal Co., Inc., appeals from a judgment of the Superior Court (Cumberland County, Delahanty, J.} entering judgment in favor of the City of Portland. It argues that the Superior Court incorrectly found the City's scrap metal recycling facility ordinance was not preempted by state statute and was not unconstitutional under the Maine and U.S. Constitutions. We affirm the judgment...

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