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ROSE v. PARSONS

Docket No. YOR-12-516.

76 A.3d 343 (2013)

2013 ME 77

Helen Rivas ROSE et al. v. William PARSONS Jr. et al.

Supreme Judicial Court of Maine.

Decided: August 20, 2013.

Attorney(s) appearing for the Case

Alan E. Shepard, Esq. (orally), Shepard & Read, Kennebunk, for appellants Helen Rivas Rose and Nathaniel P. Merrill.

Richard A. Hull III, Esq., and Reid Hayton-Hull, Esq., Hull Law Office, LLC, Biddeford, for appellee Mary Elizabeth Fluke.

Jens-Peter Bergen, Esq., Kennebunk, for appellee Llewellyn P.H. Alden.

Kelly W. McDonald, Esq., (orally), and Peter S. Plumb, Esq., Murray, Plumb & Murray, Portland, for appellees William Parsons Jr., et al.

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

SILVER, J.

[¶ 1] Helen Rivas Rose and Nathaniel P. Merrill appeal from the entry of a summary judgment by the Superior Court (York County, Fritzsche, J.) declaring that they did not have an easement to the beach across land of William Parsons Jr. and other neighbors (collectively Neighbors). We vacate the summary judgment in part because we conclude that there may be an easement to the beach.

I. BACKGROUND

[¶ 2] We rely on the undisputed...

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