FINKS v. MAINE STATE HIGHWAY COMMISSION


328 A.2d 791 (1974)

Henry B. FINKS and Nancy C. Finks v. MAINE STATE HIGHWAY COMMISSION et al.

Supreme Judicial Court of Maine.

November 21, 1974.


Attorney(s) appearing for the Case

Seymour Nathanson, Portland, for plaintiffs.

Preti & Flaherty, by David M. Cohen, John J. Flaherty, Portland, for defendants.

Before DUFRESNE, C. J., and WEATHERBEE, POMEROY, ARCHIBALD, and DELAHANTY, JJ.


DUFRESNE, Chief Justice.

The defendant, Maine State Highway Commission (Commission), on or about April 8, 1969 caused to be recorded at the Cumberland County Registry of Deeds a "Notice of Layout and Taking" pursuant to 23 M.R.S.A. §§ 153 and 154 for the purpose of acquiring for the State of Maine easement rights in and to certain lands of the plaintiffs in Falmouth, Maine as part of a comprehensive plan to "preserve and develop the natural scenic beauty...

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