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BAR HARBOR HOUSING AUTHORITY v. STAPLES

Docket: Han-09-498.

8 A.3d 622 (2010)

2010 ME 110

BAR HARBOR HOUSING AUTHORITY v. Estate of Theodore STAPLES.

Supreme Judicial Court of Maine.

Decided: November 2, 2010.

Attorney(s) appearing for the Case

William N. Ferm, Esq. (orally), William N. Ferm Law Office, Ellsworth, ME, for the Estate of Theodore Staples.

Roger J. Katz, Esq. (orally), Karen E. Boston, Esq. , Lipman, Katz & McKee, P.A., Augusta, ME, for the Bar Harbor Housing Authority.

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

SAUFLEY, C.J.

[¶ 1] In this appeal, the Estate of Theodore Staples contends that the referee erred by allowing the Bar Harbor Housing Authority to take less than a fee simple interest in the land when exercising eminent domain power pursuant to 30-A M.R.S. §§ 4746 and 5108 (2009), and by awarding no damages for the taking. As a threshold matter, because of the unusual procedural posture in which the presiding

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