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POOL BEACH ASSOCIATION v. CITY OF BIDDEFORD

328 A.2d 131 (1974)

POOL BEACH ASSOCIATION et al. v. CITY OF BIDDEFORD et al.

Supreme Judicial Court of Maine.

November 14, 1974.

Attorney(s) appearing for the Case

Pierce, Atwood, Scribner, Allen & Mc-Kusick by Vincent L. McKusick, Donald A. Fowler, Jr., Everett P. Ingalls, III, Portland, for plaintiffs.

Bernstein, Shur, Sawyer & Nelson by Barnett I. Shur, Eric F. Saunders, Portland, Gaulin & Kimmel by Edward F. Gaulin, Biddeford, for defendants.

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

WERNICK, Justice.

On August 16, 1973 taxpayers in the City of Biddeford presented to the City's Municipal Officers a petition, authorized under 30 M.R.S.A. § 4001,1 to have the City take particular beach real estate in Biddeford (hereinafter "the beach property") for use as a public park and playground. On August 20, 1973 the Biddeford City Council directed the Municipal Officers to initiate appropriate "condemnation" proceedings...

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