Eastbrook Timber Co., Inc. v. Duranceau

Opinion

STATE OF MAINE SUPERIOR COURT

CIVIL ACTION YORK, ss. DOCKET NO. RE-01-095 PAE - YOR- | faa /2008 EASTBROOK TIMBER CO,, INC., Plaintiff v. ORDER LAW LIBRARY . FEB 3 2003

BRIAN DURANCEAU, as Trustee of The Amara, Ashley Alyssa Realty Trust,

Defendant

The defendant has filed a motion for summary judgment based on 14 MLRS.A. §816. The motion is denied as it is not sufficiently clear that the defendant’s deed adequately describes the claimed property, Solomon’s Rock Trust -v. Davis, 675 A.2d 506, 510 (Me. 1996) and that the defendant has demonstrated “exclusive, peaceable, continuous and adverse possession.”

The entry is:

Defendant’s motion for summary judgment is denied. Plaintiffs —

request that summary judgment be granted to it is denied.

_ Dated: January 28, 2003

(Tek bef soko Paul A. Fritzsche/ Justice, Superior Court

PLAINTIFF: “Joseph Vo Genkowski, -Esq: Scaccia, Lenkowski & Aranson P.O. Box 929

Sanford ME 04073

DEFENDANTS:

William S. Kany, Esq.

Smith Elliott Smith & Garmey PO Box 1179

Saco ME 04072-1179