MacKenna v. Inhabitants of Town of Searsmont

POMEROY, Justice.

This case is before us on appeal by the plaintiffs from the denial of a complaint for an injunction. 1

By their action the plaintiffs sought to enjoin the Town of Searsmont from using the road which runs between the MacKen-na property abutting it on the south and the Williams property abutting it on the north, as an access road to a planned town dump.

By agreement of the parties the matter was referred to a referee under the provisions of Rule 53(b) (1), M.R.Civ.P.

After hearing, the referee reported in favor of the Town.

The report was accepted over objections of plaintiffs.

This…