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WARCHALOWSKI v. BROWN

417 A.2d 425 (1980)

Leopold J. WARCHALOWSKI v. Robert A. BROWN et al. Robert A. BROWN v. Burton MacDONALD et al.

Supreme Judicial Court of Maine.

Decided July 14, 1980.

Attorney(s) appearing for the Case

Thomas M. Mangan, Lewiston (orally), for plaintiff.

Linnell, Choate & Webber by G. Curtis Webber, Auburn (orally), for defendants.

Before McKUSICK, C. J., and WERNICK, GLASSMAN and ROBERTS, JJ.

McKUSICK, Chief Justice.

By agreement of the parties this consolidated action was referred to a referee who rejected appellant Warchalowski's claim of a right of way by either prescription or necessity over appellee Brown's land, but upheld the action of the Oxford County Commissioners (the Commissioners) that had granted Warchalowski's petition for the laying out of a private way. After both parties objected to the referee's report, the

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