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Re: Easement rights/dock,etc
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Re: Easement rights/dock,etc
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8/15/2023 7:19:51 AM
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4/18/2018 10:39:07 AM
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%rl.! I v, v,.vnv 8 v 11 '71 Iv vv/ I.. I/ /v Iv.J/ J .vJ/ Iv I'IV. I 7 <br /> ordering the city to adopt a specific shared dock proposal . We <br /> reverse. <br /> FACTS <br /> In September 1987, respondents Richard Stodola and Merrit <br /> Peterson bought a lot in the City of Orono from Ewald Gustaf son for <br /> the purpose of building a dock, but noc a residence, on the <br /> property. Glen Tillotson owned an adjoining lot that had a house <br /> on it. At the time of the purchase, there was an existing dock <br /> that had been constructed in 1960. The existing dock was believed <br /> to, be on Tillotson' s property, but it was later discovered it was <br /> on respondents' property. <br /> In a letter dated July 30, 1987 , Gustafson' s attorney wrote <br /> Peterson: <br /> This is to inform you that Mr. Gustafson was told by <br /> a member of the staff of the city of Orono that it is <br /> necessary to own a home nearby in order to place a dock <br /> on a piece of property in Orono . We understand that you <br /> have made your own investigation and are willing to take <br /> your chances in convincing the city of Orono to grant you <br /> a variance. <br /> We just want to be on record as not having made any <br /> guarantees <br /> regard <br /> es copy of this letter so that. we may have <br /> roperty. Would <br /> you kindly sign a <br /> it in our files . <br /> Peterson signed the letter and dated it September 24 , 1987. <br /> Respondents built a new dock in the spring of 1988 . Shortly <br /> after they built it, the city "red-tagged" the dock, indicating <br /> that it was an illegal dock . The city wrote to Peterson to inform <br /> him that the dock was illegal . <br /> After meetings with city officials , respondents filed a <br /> variance application, seeking "authority to construct boat dock on <br /> -2- <br />
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