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MacKENNA v. INHABITANTS OF TOWN OF SEARSMONT

349 A.2d 760 (1976)

Robert John Weber MacKENNA et al. v. INHABITANTS OF the TOWN OF SEARSMONT.

Supreme Judicial Court of Maine.

January 2, 1976.

Attorney(s) appearing for the Case

Eaton, Glass, Marsano & Hammond, by Francis G. Marsano, Belfast, for plaintiffs.

Sanborn, Moreshead & Schade by Richard B. Sanborn, Augusta, for defendant.

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

POMEROY, Justice.

This case is before us on appeal by the plaintiffs from the denial of a complaint for an injunction.1

By their action the plaintiffs sought to enjoin the Town of Searsmont from using the road which runs between the MacKenna property abutting it on the south and the Williams property abutting it on the north, as an access road to a planned town dump.

By agreement of the parties the matter was referred to...

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