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TOWN OF KITTERY v. MACKENZIE

785 A.2d 1251 (2001)

2001 ME 170

TOWN OF KITTERY v. Jeffrey H. MacKENZIE et al.

Supreme Judicial Court of Maine.

Decided: December 14, 2001.

Attorney(s) appearing for the Case

Duncan A. McEachern (orally), McEachern & Thornhill, Kittery, for plaintiff.

John C. Bannon (orally), Murray Plumb & Murray, Portland, for defendants.

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

ALEXANDER, J.

[¶ 1] Jeffrey H. MacKenzie appeals from the entry of a summary judgment by the Superior Court (York County, Brennan, J.) in favor of the Town of Kittery, determining that the Town's use of its right-of-way did not create or accept a highway, town way, or street that the Town must maintain pursuant to 23 M.R.S.A. § 3651 (1992). MacKenzie argues that the Town's right-of-way is a way that the Town must maintain pursuant to either the doctrine...

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