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WELCH v. STATE

853 A.2d 214 (2004)

2004 ME 84

Robert WELCH et al. v. STATE of Maine

Supreme Judicial Court of Maine.

Decided: July 2, 2004.

Attorney(s) appearing for the Case

Andrew W. Sparks (orally), Drummond & Drummond, L.L.P., Portland, for plaintiffs.

G. Steven Rowe, Attorney General, Lucinda E. White, Asst. Dist. Atty. (orally), Augusta, for State.

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

RUDMAN, J.

[¶ 1] Robert and Janet Welch, and Sara Montgomery (the Welches) appeal from a summary judgment entered in the Superior Court (Cumberland County, Warren, J.) in favor of the State of Maine on the Welches' declaratory judgment action seeking a declaration that their property enjoys the benefit of an easement across certain property owned by the State. The Welches contend that sovereign immunity does not bar a quiet title action from proceeding...

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