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BRITTON v. DONNELL

Docket: Yor-10-64.

12 A.3d 39 (2011)

2011 ME 16

Robert W. BRITTON et al. v. Daniel P. DONNELL et al.

Supreme Judicial Court of Maine.

Decided: February 8, 2011.

Attorney(s) appearing for the Case

Gerald F. Petruccelli, Esq. (orally), Bruce A. McGlaurlin, Esq. , Petruccelli, Martin & Haddow, LLP, Portland, ME, for Robert W. Britton and Eleanor F. Britton.

Mark G. Furey, Esq. (orally), Thompson, Bull, Furey, Bass & MacColl, LLC, Portland, ME, for Daniel P. Donnell and the Donnell Realty Trust.

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

SILVER, J.

[¶ 1] This is the second appeal in a dispute between adjacent owners of shorefront land in York Harbor. See Britton v. Dep't of Conservation (Britton I), 2009 ME 60, 974 A.2d 303. In Britton I, we held that if a wharf extending in front of the tidal flats of adjacent property injures the adjacent landowners' enjoyment of their riparian rights, the Wharves and Weirs Act, 38 M.R.S. § 1026 (2010),

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