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MAINE CENTRAL R.R. v. DEPARTMENT OF TRANSP.

863 A.2d 278 (2005)

2005 ME 1

MAINE CENTRAL RAILROAD v. DEPARTMENT OF TRANSPORTATION et al.

Supreme Judicial Court of Maine.

Decided: January 4, 2005.

Attorney(s) appearing for the Case

Frederick J. Badger Jr., Esq. (orally), Mary F. Kellogg, Esq., Richardson, Whitman, Large & Badger, P.C., Bangor, for plaintiff.

Eric E. Wright, Esq. (orally), Richard N. Hewes, Esq., Department of Transportation, Augusta, for defendant.

John K. Hamer, Esq. (orally), City of Bangor, Bangor, William L. Plouffe, Esq., Drummond Woodsum & MacMahon, Portland, (for Shaw House, Inc.), for intervenors.

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

CLIFFORD, J.

[¶ 1] Maine Central Railroad appeals from a judgment entered in the Superior Court (Penobscot County, Mead, J.) affirming the decision of the Department of Transportation issued pursuant to 23 M.R.S.A. § 7202 (1992),1 which granted permission, subject to conditions, to the City of Bangor to establish a public railroad crossing over Maine Central's tracks located on the Waterworks property area of the City...

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