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BOOTHBAY HARBOR, ETC. v. DEPARTMENT OF TRANSP.

382 A.2d 848 (1978)

BOOTHBAY HARBOR CONDOMINIUMS, INC. v. The DEPARTMENT OF TRANSPORTATION, State of Maine and the Inhabitants of the Town of Boothbay Harbor.

Supreme Judicial Court of Maine.

January 31, 1978.

Attorney(s) appearing for the Case

Sanborn, Moreshead, Schade & Dawson by Peter T. Dawson, (orally), Augusta, for plaintiff.

Thomas Reeves (orally), Dept. of Transp., Lester A. Olson, Augusta, Bernstein, Shur, Sawyer & Nelson by Gordon F. Grimes (orally), Barnett I. Shur, Portland, for defendant.

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

WERNICK, Justice.

In March, 1975 plaintiff Boothbay Harbor Condominiums, Inc. instituted a civil action in the Superior Court (Lincoln County) against defendants Department of Transportation of the State of Maine and Inhabitants of the Town of Boothbay Harbor. The complaint alleged that the public was trespassing upon a dam and road in Boothbay Harbor claimed to be the plaintiff's and asked for a judgment declaring the public's continued use of the dam and road unlawful...

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