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JORDAN v. SHEA

791 A.2d 116 (2002)

2002 ME 36

Patrick C. JORDAN v. Stephen C. SHEA et al.

Supreme Judicial Court of Maine.

Decided: February 25, 2002.

Attorney(s) appearing for the Case

Jeffrey C. Toothaker, Esq., Toothaker & Chong, Ellsworth, for plaintiff.

Roger G. Innes, Esq., Mt. Desert, (for Kenneth & Stephen Shea), Peter G. Roy, Esq., Roy, Beardsley, Williams & Granger, LLC, (for Eberhardt & Augustine Duschek), Frank B. Walker, Esq., Ellsworth, (for Constance Babcock), for defendants.

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

ALEXANDER, J.

[¶ 1] Kenneth and Stephen Shea appeal from a judgment entered in the Superior Court (Hancock County, Mead, C.J.) interpreting an easement deed in favor of Patrick Jordan and granting Jordan and Eberhardt Duschek an easement by necessity over the Stabawl Road in Hancock. The Sheas argue that the Superior Court erred in: (1) reforming the easement deed when an action for reformation was not pled; (2) finding that Jordan did not have the right...

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