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O'DONOVAN v. McINTOSH

728 A.2d 681 (1999)

1999 ME 71

Timothy P. O'DONOVAN v. John A. McINTOSH Jr. v. Susan HUGGINS.

Supreme Judicial Court of Maine.

Decided May 3, 1999.

Attorney(s) appearing for the Case

Deborah M. Mann, Kenneth M. Cole III, Jensen Baird Gardner & Henry, Portland, for O'Donovan.

Michael D. Traister, (orally) Peter S. Plumb, Murray Plumb & Murray, Portland, for McIntosh.

Andrew W. Sparks, Drummond & Drummond, LLP, Portland, M. Roberts Hunt, (orally) Falmouth, for appellee.

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

DANA, J.

[¶ 1] Timothy P. O'Donovan and John A. McIntosh Jr. appeal from a partial summary judgment entered in the Superior Court (Cumberland County, Cole, J.) in favor of Susan Huggins. O'Donovan and McIntosh argue that the court erred when it declared that an easement in gross held by McIntosh over Huggins's property was not assignable. We agree and vacate the judgment.

[¶ 2] In 1987, McIntosh purchased real property at 184 Foreside Road...

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