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McCARTHY v. INHABITANTS OF TOWN OF KENNEBUNKPORT

No. CIV. 05-02-P-H.

366 F.Supp.2d 165 (2005)

Thomas F. McCARTHY, Individually and as Trustee of the Valeska Family Trust and Valeska Realty Trust, Plaintiff v. INHABITANTS OF THE TOWN OF KENNEBUNKPORT and Brian Shaw, Defendants

United States District Court, D. Maine.

February 24, 2005.

Attorney(s) appearing for the Case

Robert M.A. Nadeau, Nadeau & McGarry, P.A., Wells, Sean T. McCarthy, Law Office Of Thomas F. McCarthy, Millbrook Tarry, Concord, MA, for Thomas S. McCarthy Individually and as Trustee of the Valeska Family Trust and Valeska Realty Trust, Plaintiff.

Melissa A. Hewey, Brian D. Willing, Drummond, Woodsum & MacMahon, Portland, ME, for Inhabitants of the Town of Kennebunkport and Brian Shaw, Defendants.

DECISION AND ORDER ON DEFENDANTS' MOTION TO DISMISS

HORNBY, District Judge.

This case arose out of a dispute between a landowner1 and the Town of Kennebunkport ("the Town") over improvements that the landowner wished to make to his property. The Complaint names both the Town and its code enforcement officer as defendants. Count I alleges that the Town and its code enforcement officer trespassed on the landowner's property. Count...

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