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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 All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.