TOWN OF ELIOT v. BURTON


392 A.2d 56 (1978)

TOWN OF ELIOT v. Francis BURTON et al.

Supreme Judicial Court of Maine.

October 19, 1978.


Attorney(s) appearing for the Case

McEachern, Winiarski & Thornhill by Duncan A. McEachern, Kittery (orally), for plaintiff.

Smith, Elliott, Wood & Nelson by Stephen R. Lamson (orally), Roger S. Elliott, Saco, for defendants.

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


McKUSICK, Chief Justice.

Plaintiff Town of Eliot appeals from an order issued by the Superior Court denying plaintiff's motion to enjoin use by defendants of a septic tank system on a trailer lot occupied by them. The Town asserts that the order should be reversed on the grounds that: (1) after an earlier nonjury hearing in the same case ending in issuance of the injunction sought by plaintiff, the presiding justice abused...

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