LIPEZ, Justice.
[¶ 1] James Merrill appeals from the judgment entered in the Superior Court (Penobscot County, Kravchuk, J.) in favor of Sugarloaf Mountain Corporation pursuant to a motion for a summary judgment. Merrill contends that the court erred when it concluded as a matter of law that 26 M.R.S.A. § 488 (1988)
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