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NORTHERN UTILITIES v. SOUTH PORTLAND

536 A.2d 1116 (1988)

NORTHERN UTILITIES, INC. v. CITY OF SOUTH PORTLAND and Toys "R" Us, Inc.

Supreme Judicial Court of Maine.

Decided February 2, 1988.

Attorney(s) appearing for the Case

Caspar F. Cowan, Peggy L. McGehee (orally), Perkins, Thompson, Hinckly & Keddy, Portland, for plaintiff.

Steven C. Fletcher (orally), South Portland, for defendant.

Before NICHOLS, ROBERTS, WATHEN, SCOLNIK and CLIFFORD, JJ.

SCOLNIK, Justice.

The Defendant, City of South Portland ("the City") appeals from a declaratory judgment rendered by the Superior Court (Cumberland County) after a two day trial before the court without a jury, declaring that an easement owned by Northern Utilities, Inc. ("Northern") prohibited the City from requiring Toys "R" Us to build a sidewalk over an underground pipeline on Northern's easement.

In 1982 Northern acquired an easement on private land to...

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