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TOWN OF SOUTH BERWICK v. WHITE

412 A.2d 1225 (1980)

TOWN OF SOUTH BERWICK v. Harold WHITE, Jr. et al.

Supreme Judicial Court of Maine.

April 4, 1980.

Attorney(s) appearing for the Case

Bernstein, Shur, Sawyer & Nelson, Geoffrey H. Hole (orally), F. Paul Frinsko, Portland, Beamis, Davis, Murray & Grossman, Wayne E. Murray, Berwick, for plaintiff.

Roberts, Shirley & Humphrey, Thomas E. Humphrey (orally), Springvale, for Hayward, et al.

Robert W. Ferguson, Springvale, for Maineland, Inc.

Ronald L. Vigue, Berwick, for August Realty.

Smith, Elliott, Wood & Nelson, Roger S. Elliott, Saco, for M. Spang.

J. H. Dineen, Kittery, for Morse & Conley.

Before McKUSICK, C. J., GODFREY, NICHOLS and GLASSMAN, JJ., and DUFRESNE, A. R. J.

McKUSICK, Chief Justice.

Plaintiff-appellant Town of South Berwick brought suit in the Superior Court (York County) against 39 owners of property abutting a 1.6-mile portion of Belle Marsh Road located in the town, seeking a declaration pursuant to 23 M.R.S.A. § 3028 (Supp.1979)1 that the road had been "abandoned as a public way." The Town relied upon the rebuttable presumption of abandonment...

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