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Case Citations [i] (Fall 2023)

handle is hein.ali/resndrn0017 and id is 1 raw text is: 



                                 THE   AMERICAN
                                 LAW INSTITUTE


                                        Fall 2023 Citations



                               RESTITUTION 2D



                CHAPTER 1. UNDERLYING PRINCIPLES OF RESTITUTION

§ 1. The General Principle: Unjust Enrichment

D.Md.2022.  Quot. in disc. (quoting § 1 of T.D. No. 1, 1983). Owners of properties along a shoreline,
who  had granted the state rights of way to build a bulkhead over their properties in exchange for the
right to construct a pier off the bulkhead, sued state and county, after they repeatedly rejected owners'
subsequent requests to build piers, and a state court ruled that owners did not have vested rights to build
piers and that county could not bargain away its zoning authority. This court denied in part state and
county's motion to dismiss, holding that owners' claims for breach of contract were not barred by res
judicata arising from the state-court rulings, because the apparently illusory nature of state's promise
was not identified until after the rulings were affirmed on appeal. The court explained that, under
Restatement Second  of Restitution § 1, a person who received a benefit by reason of an infringement of
another person's interest, or of loss suffered by the other, owed restitution to the other in the manner and
amount  necessary to prevent unjust enrichment. Donnelly v. Maryland, 602 F.Supp.3d 836, 872.























                             COPYRIGHT C2023 By THE AMERICAN LAW INSTITUTE
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           For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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