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UNITED STATES DISTRICT COURT DISTRICT OF MAINE MARITIMES & NORTHEAST PIPELINE, LLC, PLAINTIFF v. 6.85 ACRES OF LAND IN HANCOCK AND PENOBSCOT COUNTIES, MAINE, ET AL., DEFENDANTS ) ) ) ) ) ) ) ) ) ) ) )

CIVIL NO. 08-30-B-H

DECISION ON PLAINTIFF'S MOTION FOR PARTIAL SUMMARY JUDGMENT This is a dispute over the meaning of language in a written easement. It concerns a 2,000-foot-wide Easement Corridor running over Maine timberlands from Woodland (Baileyville, Washington County) on the U.S.-Canadian border to Milford on the east side of the Penobscot River.1 The plaintiff Maritimes & Northeast Pipeline, LLC ("Maritimes") requests summary judgment on Count II. It asks for a declaratory judgment that, by deed transfer, it possesses rights to use the Stud Mill Road and a spur from it, both located within the Easement Corridor, to construct, operate, and maintain a natural gas compressor station on land it owns adjacent to the Corridor.

ECHO believes that the Easement Corridor will be part of an east-west toll road in Maine; the Vice President of ECHO estimates that the economic impact for ECHO from this toll road could be over $353 million. See Aff. of David C. Hooper,

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Maine Law