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BELL v. TOWN OF WELLS

510 A.2d 509 (1986)

Edward B. BELL, et al. v. TOWN OF WELLS, et al.

Supreme Judicial Court of Maine.

Decided May 23, 1986.

Attorney(s) appearing for the Case

Curtis Thaxter Stevens Broder & Micoleau, Sidney St. F. Thaxter (orally), Nancy C. Ziegler, Sharon M. Lawrence, Portland, for plaintiff.

Verrill & Dana, Michael T. Healy, William C. Knowles, Portland, for Town of Wells.

James E. Tierney, Atty. Gen., Paul Stern, Asst. Atty. Gen. (orally), Augusta, for Bureau of Public Lands.

Richardson, Tyler & Troubh, Harrison L. Richardson (orally), Elizabeth C. Stouder, Portland, for Moody Beach Tier II Group.

Before NICHOLS, ROBERTS, VIOLETTE, WATHEN, GLASSMAN and SCOLNIK, JJ.

GLASSMAN, Justice.

The plaintiffs, each an owner of shore-front property in the Moody Beach area of the Town of Wells (Town), appeal from the judgment of the Superior Court, York County, granting the motion of the State and the Town to dismiss the plaintiffs' quiet title actions as barred by sovereign immunity. Because we hold that sovereign immunity is not applicable in the instant case, we vacate the judgment.

I. Procedural History

The plaintiffs...

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