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DYER v. DEPARTMENT OF TRANSP.

Docket: Wal-07-493.

951 A.2d 821 (2008)

2008 ME 106

Paul DYER et al. v. DEPARTMENT OF TRANSPORTATION.

Supreme Judicial Court of Maine.

Decided: June 26, 2008.

Attorney(s) appearing for the Case

Severin M. Beliveau, Esq., Jeffrey T. Edwards, Esq. (orally), Preti, Flaherty, Beliveau & Pachios, LLP, Portland, ME, for Paul & Robert Dyer.

Rebecca H. Farnum, Esq. (orally), Victoria E. Morales, Esq., Thompson & Bowie, LLP, Portland, ME, for Maine Department of Transportation.

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

ALEXANDER, J.

[¶ 1] Robert and Paul Dyer appeal from a summary judgment entered by the Superior Court (Waldo County, Mills, J.) in favor of the Maine Department of Transportation (DOT) on the Dyers' complaint alleging that DOT exceeded its eminent domain powers in taking their land. The Dyers argue that there are genuine issues of material fact in dispute regarding whether DOT abused its power in taking all five...

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