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RUNSER v. CITY OF WATERVILLE

655 A.2d 1249 (1995)

Bernard L. and Mary D. RUNSER v. CITY OF WATERVILLE.

Supreme Judicial Court of Maine.

Decided March 9, 1995.

Attorney(s) appearing for the Case

James M. LaLiberty (orally), Butler, Whittier & LaLiberty, P.A., Waterville, for plaintiffs.

Albert V. Federle (orally), City Sol., Waterville, for defendant.

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

LIPEZ, Justice.

The City of Waterville appeals from the judgment of the Superior Court (Kennebec, Mills, J.) awarding damages of $31,000 to Bernard L. and Mary D. Runser for the City's taking of an avigation easement1 over their property. Because we disagree with the City's contention that the severance damages awarded to the Runsers in 1971 for a previous taking preclude the award of further damages, we affirm the judgment.

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