Heber v. Lucerne-In-Maine Village Corp.
Supreme Judicial Court of Maine
1Opinion of the CourtSaufley, J.
[¶ 1] Albert Heber appeals from a judgment entered in the Superior Court (Pe-nobscot County, Kravchuk, J.) dismissing his complaint against the Lucerne-in-Maine Village Corporation alleging damage to his property resulting from the overflow of Phillips Lake. We vacate the judgment of dismissal.
I. BACKGROUND
[¶ 2] In 1961, the Lucerne-in-Maine Village Corporation was authorized by the Legislature, through a private and special law, to construct and maintain a dam across Phillips Lake. See P. & S.L.1961, ch. 188, repealed by P. & S.L.1999, ch. 3 (effective Sept. 18, 1999). Specifically, the 1961…
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