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BRITTON v. DEPARTMENT OF CONSERVATION

Docket: Yor-08-602.

974 A.2d 303 (2009)

2009 ME 60

Robert W. BRITTON et al. v. DEPARTMENT OF CONSERVATION et al.

Supreme Judicial Court of Maine.

Decided: June 18, 2009.

Revised: July 9, 2009.

Attorney(s) appearing for the Case

Gerald F. Petruccelli, Esq. (orally), Bruce A. McGlauflin, Esq., Petruccelli, Martin & Haddow, LLP, Portland, ME, for Robert W. Britton, et al.

Mark G. Furey, Esq. (orally), Thompson, Bull, Furey, Bass & MacColl, Portland, ME, for Daniel P. Donnell, et al.

Janet T. Mills, Atty. Gen., Amy B. Mills, Asst. Atty. Gen., Gerald D. Reid, Asst. Atty. Gen. (orally), Augusta, ME, for the Maine Department of Conservation.

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

GORMAN, J.

[¶ 1] Robert W. Britton and Eleanor F. Britton appeal from a judgment of the Superior Court (York County, Brennan, J.) denying their request for equitable relief and damages for what they allege to be an infringement of their riparian rights by their neighbors, Daniel P. Donnell and the Trustees of the Donnell Realty Trust (Donnells), who own and operate two wharves, one of which extends forty-eight feet in front of the Brittons' property. The...

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