Town of Eliot v. Burton

McKUSICK, Chief Justice.

Plaintiff Town of Eliot appeals from an order issued by the Superior Court denying plaintiff’s motion to enjoin use by defendants of a septic tank system on a trailer lot occupied by them. The Town asserts that the order should be reversed on the grounds that: (1) after an earlier nonjury hearing in the same case ending in issuance of the injunction sought by plaintiff, the presiding justice abused his discretion in granting defendants a new trial; and (2) the different presiding justice in the second hearing erred in denying the requested injunction. Since we reverse…