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FRUSTACI v. CITY OF SOUTH PORTLAND

879 A.2d 1001 (2005)

2005 ME 101

Joseph FRUSTACI v. CITY OF SOUTH PORTLAND.

Supreme Judicial Court of Maine.

Decided: August 25, 2005.

Attorney(s) appearing for the Case

James Haddow, Esq. (orally), Petruccelli, Martin & Haddow, Portland, for the plaintiff.

Mark Franco, Esq. (orally), Michael Saucier, Esq., Thompson & Bowie, Portland, for the defendant.

Panel: CLIFFORD, DANA, ALEXANDER, CALKINS, and LEVY, JJ.

CLIFFORD, J.

[¶ 1] The City of South Portland appeals from a judgment entered in the Superior Court (Cumberland County, Humphrey, C.J.) following a jury verdict in favor of Joseph Frustaci on Frustaci's claims for statutory damages pursuant to 23 M.R.S.A. § 3029 (1992) based on the City's discontinuance of two roads that abutted his property. The City contends that Frustaci's claim for statutory damages is precluded by the Superior Court's prior conclusion...

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