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INHABITANTS OF TOWN OF WINTHROP v. FOSTER

170 A.2d 152 (1961)

INHABITANTS OF the TOWN OF WINTHROP v. Lawrence H. FOSTER, his Associates, Heirs and Assigns.

Supreme Judicial Court of Maine.

January 23, 1961.

Attorney(s) appearing for the Case

Howard S. Slosberg, Winthrop, Sanborn & Sanborn, Augusta, for plaintiff.

Alton Lessard, Lewiston, Herbert E. Foster, Winthrop, for defendant.

Before WILLIAMSON, C. J., and WEBBER, TAPLEY, SULLIVAN and SIDDALL, JJ.

SULLIVAN, Justice.

This is equity process instituted in September, 1959 by the Town of Winthrop and its selectmen against the defendant to acquire a mandatory injunction.

The Legislature had enacted a private and special law, effective September 12, A.D. 1959, authorizing the defendant to construct, maintain and control at a delimited location a wharf in the waters of Lake Maranacook at and adjacent to Bowdoin Street in Winthrop. The wharf had been restricted...

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