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Maddocks v. Giles

Supreme Judicial Court of Maine

728 A.2d 150 (1999)

Relevant factsFree

Sewall and Janice Maddocks (plaintiffs), owners of land adjacent to Elbridge Giles's (defendant's) gravel pit, sued after an underground spring beneath their property ran dry, alleging Giles's gravel-pit excavation caused it; a jury found for Giles, and the Maddockses appealed, urging Maine to abandon the absolute-dominion rule governing percolating groundwater in favor of the reasonable-use doctrine most other jurisdictions had adopted.

IssueFree

Whether a landowner may make use of any percolating water under his or her land.

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