FISH v. TOWNS OF WINTERPORT AND FRANKFORT


819 A.2d 325 (2003)

2003 ME 33

FACILITATORS IMPROVING SALMONID HABITAT et al. v. TOWNS OF WINTERPORT and FRANKFORT.

Supreme Judicial Court of Maine.

Decided: March 10, 2003.


Attorney(s) appearing for the Case

Jon A. Haddow, (orally), Farrell, Rosenblatt & Russell, Bangor, for plaintiffs.

Charles E. Gilbert III, (orally), Gilbert & Greif, P.A., Bangor, for defendants.

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


RUDMAN, J.

[¶ 1] Facilitators Improving Salmonid Habitat (FISH) and John C. Jones appeal from a temporary restraining order entered in the Superior Court (Penobscot County, Mead, J.) enjoining the removal of the West Winterport Dam. The Towns of Winterport and Frankfort (Towns) contend, inter alia, that this appeal is interlocutory and is not within an exception to the final judgment rule. We agree and dismiss this appeal.

I. FACTS

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