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OCEAN POINT COLONY TRUST v. BOOTHBAY

739 A.2d 382 (1999)

1999 ME 152

OCEAN POINT COLONY TRUST, INC. v. TOWN OF BOOTHBAY.

Supreme Judicial Court of Maine.

Decided October 26, 1999.

Attorney(s) appearing for the Case

Robert R. Goodrich (orally), Powers & French, P.A., Freeport, George D. Hepner III, Suter & Hepner, P.A., Falmouth, John A. Cunningham, Eaton, Peabody, Bradford & Veague, P.A., Brunswick, for plaintiff.

William H. Dale (orally), Sally J. Daggett, Jensen Baird Gardner & Henry, Portland, for defendant.

James N. Katsiaficas, Maine Municipal Association, Augusta, for amicus curiae.

Before WATHEN, C.J., and RUDMAN, DANA, SAUFLEY, ALEXANDER, and CALKINS, JJ.

RUDMAN, J.

[¶ 1] Ocean Point Colony Trust, Inc. appeals from a summary judgment entered in the Superior Court (Lincoln County, Perkins, A.R.J.) in favor of the Town of Boothbay. Ocean Point argues that: (1) the Superior Court erred in granting the Town's motion for a summary judgment because a genuine issue of material fact exists as to whether an incipient dedication of the proposed, but unaccepted way occurred; (2) the Town's right to accept the proposed...

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