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NORTH SEBAGO SHORES, LLC v. MAZZAGLIA

926 A.2d 728 (2007)

2007 ME 81

NORTH SEBAGO SHORES, LLC et al. v. Barry T. MAZZAGLIA, Trustee of the Mazzaglia Family Trust.

Supreme Judicial Court of Maine.

Decided: July 5, 2007.

Attorney(s) appearing for the Case

Chris Neagle (orally), Thomas E. Getchell, Troubh Heisler, Portland, for plaintiffs.

Daniel J. Mitchell (orally), Bernstein Shur, Portland, for defendant.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, CALKINS, LEVY, SILVER, and MEAD, JJ.

MEAD, J.

[¶ 1] North Sebago Shores, LLC1 (NSS) appeals a judgment of the Superior Court (Cumberland County, Cole, J.) granting the Mazzaglia Family Trust's motion for a summary judgment on all three counts of a complaint filed by NSS. The NSS complaint sought a declaratory judgment that a swim line erected by Mazzaglia interfered with its easement rights to an area known as Third Beach, an injunction prohibiting Mazzaglia from...

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