Willis v. Town of York

Opinion

STATE OF MAINE SUPERIOR COURT CIVIL ACTION YORK, ss. DOCKET NO. CV-06-426 ! .

PfH . Y () f( - LJ! & ;;L UID

DANAJ. WILLIS, TRUSTEE OF THE DANA J. WILLIS TRUST,

Plaintiff

v. ORDER ON PENDING MOTIONS

TOWN OF YORK,

Defendant

After a review of the written arguments, oral argument and based on Fichter v.

Board of Environmental Protection, 604 A.2d 433, 436-8 (Me. 1992), the Clerk shall make

the following entries:

Plaintiff's motion in limine to exclude defendant's expert Nicholas Strater, and all expert testimony unrelated to obstruction to navigation is granted.

Defendant's motion for summary judgment is granted in part. Judgment for the defendant on Count II of the complaint.

Dated: April 16, 2010

G&1~--- ATTORNEYS FOR PLAINTIFF: GLENN ISRAEL, ESQ. DAVID SOLEY, ESQ. BERNSTEIN SHUR SAWYER & NELSON Justice, Superior Court PO BOX 9729 PORTLAND ME 04104-5029

ATTORNEY FOR DEFENDANT, TOWN OF YORK: ATTORNEY FOR DEFENDANT, STATE OF MAINE: SUSAN B. DRISCOLL, ESQ. MARK RANDLETT, AAG BERGEN & PARKINSON OFFICE OF THE ATTORNEY GENERAL 62 PORTLAND RD 6 STATE HOUSE STATION KENNEBUNK ME 04043 AUGUSTA ME 04333-0006