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TOWN OF NORTH BERWICK v. JONES

534 A.2d 667 (1987)

TOWN OF NORTH BERWICK v. Elwood JONES et al.

Supreme Judicial Court of Maine.

Decided December 17, 1987.

Attorney(s) appearing for the Case

Geoffrey H. Hole (orally), Catherine O'Connor, Bernstein, Shur, Sawyer & Nelson, Portland, for plaintiff.

Dana E. Prescott (orally), Robert H. Furbish, Smith & Elliott, Saco, for defendants.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, WATHEN, SCOLNIK and CLIFFORD, JJ.

McKUSICK, Chief Justice.

In this enforcement action brought by the Town of North Berwick against defendant lot owners for filling and grading within 250 feet of an alleged watercourse in violation of the Town's ordinances, the Superior Court (York County) declared, in favor of defendants, that no watercourse ever existed on their lot and that as a result the Town's ordinances did not restrict their filling and grading it. On the Town's appeal, we hold that the unappealed...

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