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TOWN OF WINDHAM v. PORTLAND WATER DIST.

537 A.2d 216 (1988)

The TOWN OF WINDHAM v. PORTLAND WATER DISTRICT, et al.

Supreme Judicial Court of Maine.

Decided February 3, 1988.

Attorney(s) appearing for the Case

John C. Bannon (orally), E. Stephen Murray, Michael E. Parker, Murray, Plumb & Murray, Portland, for plaintiff.

Andrew M. Horton (orally), Jamns G. Goggin, Verrill & Dana, Portland, for defendants.

John W. Ballou, Mitchell & Stearns, Bangor, amicus curiae—Maine Water Utilities Assn.

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

SCOLNIK, Justice.

The plaintiff, Town of Windham (hereinafter "the Town") appeals from a judgment entered upon an order of the Superior Court, Cumberland County, dismissing the Town's complaint against the defendants Portland Water District (hereinafter "PWD") and Cumberland County Board of Commissioners (hereinafter "the Commissioners"). We vacate the judgment.

In December, 1985, PWD applied to the Town for a utility location permit pursuant to 35 M.R.S.A...

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