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Couple loses railroad boundary dispute

By Kennebec Journal Staff report May 16, 2008 09:58 AM

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AUGUSTA - The Maine Supreme Court has ruled against two Hallowell homeowners in a property dispute over a railroad boundary.

In a memorandum of decision issued Thursday, the state's highest court upheld Superior Court Justice S. Kirk Studstrup's ruling against Andrea Lapointe and her husband Michael Barden.

The couple had maintained their deed said they owned the land up to the railroad but the state Department of Transportation claimed the property as well.

The state won a trespass and nuisance lawsuit against the couple in 2006 in Kennebec County Superior Court. The couple had erected a 10-foot privacy fence where the state said DOT had an easement.