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BENNETT v. TRACY

740 A.2d 571 (1999)

1999 ME 165

Katherine BENNETT, et al. v. Joseph TRACY, et al.

Supreme Judicial Court of Maine.

Decided November 19, 1999.

Attorney(s) appearing for the Case

Anthony J. Giunta, Ellsworth, for plaintiffs.

Sandra Hylander Collier, Ellsworth, William C. Reiff, Mt. Desert, (for Joseph Tracy), George W. Kurr Jr., Bangor, (for Jeffrey Wooster), for defendant.

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

WATHEN, C.J.

[¶ 1] Joseph Tracy appeals from a judgment entered on Katherine Bennett's motion for partial summary judgment in Superior Court (Hancock County, Mead, J.) permanently enjoining Tracy from using his property for any commercial purpose. On appeal, Tracy contends that the court erred when it denied his own motion for partial summary judgment and granted Bennett's because the restrictive covenant in his deed that formed the basis of the injunction...

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