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RICE v. CITY OF BIDDEFORD

861 A.2d 668 (2004)

2004 ME 128

Clark RICE v. CITY OF BIDDEFORD.

Supreme Judicial Court of Maine.

Decided: October 25, 2004.

Attorney(s) appearing for the Case

Thomas G. Van Houten, Esq., Sanford, for plaintiff.

Michael E. Saucier, Esq., Thompson & Bowie, LLP, David L. Herzer Jr., Esq., Norman, Hanson & DeTroy, LLC, Portland, for defendants.

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

ALEXANDER, J.

[¶ 1] In this action under the Maine Tort Claims Act, 14 M.R.S.A. §§ 8101-8119 (2003), the City of Biddeford appeals from the denial of its motion for a summary judgment by the Superior Court (York County, Brennan, J.). The City asserts that there are no disputes as to material facts and that it is immune from suit under the Maine Tort Claims Act. Because the "repair" exception to immunity under the Maine Tort Claims Act, 14 M.R...

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