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PORTLAND WATER DIST. v. TOWN OF STANDISH

905 A.2d 829 (2006)

2006 ME 104

PORTLAND WATER DISTRICT v. TOWN OF STANDISH.

Supreme Judicial Court of Maine.

Decided: August 28, 2006.

Attorney(s) appearing for the Case

William S. Harwood, Esq. (orally), Seth W. Brewster, Esq., Scott D. Anderson, Esq., Verrill & Dana, LLP, Portland, for plaintiff.

Kenneth M. Cole III, Esq. (orally), Sally J. Daggett, Esq., Jensen Baird Gardner & Henry, Portland, for defendant.

G. Steven Rowe, Attorney General, Mary M. Sauer, Asst. Atty. Gen., Augusta, (for State of Maine), Patrick J. Scully, Esq., Bernstein Shur Sawyer & Nelson, P.A., Portland, (for Southern Maine Regional Water Council, Maine Water Utilities Assn., Maine Waster Water Control Assn.), for amici curiae.

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

SAUFLEY, C.J.

[¶ 1] In this appeal, we are called upon to answer two questions: (1) does the common law doctrine of nullum tempus occurrit regi, "time does not run against the king," apply in Maine to prohibit the taking of government owned land by adverse possession or prescriptive easement; and if so, (2) is the quasi-municipal special purpose Portland Water District a governmental entity for the purpose of applying the nullum tempus doctrine...

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