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ALC DEVELOPMENT CORP. v. WALKER

787 A.2d 770 (2002)

2002 ME 11

ALC DEVELOPMENT CORP. v. Timothy J. WALKER et al.

Supreme Judicial Court of Maine.

Decided: January 18, 2002.

Attorney(s) appearing for the Case

David M. Hirshon, Esq. (orally), Marshall J. Tinkle, Esq., Lawrence R. Clough, Esq., Tompkins, Clough, Hirson & Langer, P.A., Portland, for plaintiff.

Sally J. Daggett, Esq. (orally), Jensen Baird Gardner & Henry, David B. McConnell, Esq. (orally), Peggy L. McGehee, Esq., Perkins, Thompson, Hinckley & Keddy, P.C., Timothy H. Boulette, Esq. (orally), John C. Bannon, Esq., Barbara T. Schneider, Esq., Murray Plumb & Murray, David S. Sherman Jr., Esq. (orally), John A. Graustein, Esq., Drummond Woodsum & MacMahon, Portland, Joseph & Mary Ann Nahon, Scarborough, for defendants.

Panel: CLIFFORD, RUDMAN, DANA, ALEXANDER, and CALKINS, JJ.

ALEXANDER, J.

[¶ 1] ALC Development Corp. was the developer of the Coulthard Farms subdivision in Scarborough. Ultimately all of the more than fifty lots were sold, except Lot 1 which ALC retained. ALC initiated a declaratory judgment action1 against the other lot owners in Coulthard Farms seeking a declaration that it could use Lot 1 for an access road to support development of Wiley Farms, an adjoining parcel of property. Many lot...

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