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AMERICA v. SUNSPRAY CONDOMINIUM ASS'N

BCD-12-367.

61 A.3d 1249 (2013)

2013 ME 19

Vitorino AMERICA v. SUNSPRAY CONDOMINIUM ASSOCIATION et al.

Supreme Judicial Court of Maine.

Decided: February 12, 2013.

Attorney(s) appearing for the Case

Neal F. Pratt, (orally) Esq. , and Jonathan G. Mermin, Esq. , Preti Flaherty, LLP, Portland, for appellant Vitorino America.

Catherine R. Connors, (orally) Esq. , Geraldine G. Sanchez, Esq. , Nolan L. Reichl, Esq. , and Joshua D. Dunlap, Esq. , Pierce Atwood LLP, Portland, for appellees Sunspray Condominium Association et al.

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

MEAD, J.

[¶ 1] Vitorino America filed a complaint in the Superior Court, individually and derivatively on behalf of Sunspray Condominium Association (Association), against the Association and four members of its Board of Directors (Board), claiming in part that the defendants had refused to effectively enforce Sunspray Condominium's smoking ban. He appeals from a judgment entered in the Business and Consumer Docket (Horton, J.) dismissing, pursuant to...

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