GILDER v. MITCHELL


668 A.2d 879 (1995)

Virginia GILDER v. Edson MITCHELL, et al.

Supreme Judicial Court of Maine.

Decided December 19, 1995.


Attorney(s) appearing for the Case

Michael T. Healy (orally), Verrill & Dana, Portland, Philip R. Foster, Foster Law Offices, Ellsworth, for plaintiffs.

David A. Soley (orally), Bernstein, Shur, Sawyer & Nelson, Portland, for defendants.

Before WATHEN, C.J., and ROBERTS, GLASSMAN, CLIFFORD, RUDMAN and LIPEZ, JJ.


CLIFFORD, Justice.

Edson Mitchell and Susan Mitchell appeal from a summary judgment entered in the Superior Court (Hancock County, Mead, J.) declaring that a right of way located on the Mitchell's property and benefitting Virginia Gilder's property cannot be unilaterally relocated by the Mitchells. The Mitchells contend that the trial court erred in finding that the right to relocate the easement was personal to the original grantor and could not be exercised...

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