65 A.3d 1188
Me.2013Background
- Town of Steuben challenges trial court’s determination that Bayberry Cove Land Trust and Wests own Town Landing Road, a beach-access road, free of general public rights.
- Prescriptive-use theory governs whether a public way can be acquired by use; burden on Town to prove continuous use for at least 20 years under an adverse claim.
- Evidence shows use varied over decades; trial court found use fragmented in time and duration.
- Wests testified to periods with no use and to separable users; Trust owns land bordering Town Landing Road.
- Town maintenance evidence was minor and sporadic; court did not find it established continuous use for the prescriptive period.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was continuous use proven for prescriptive period? | Town | Trust/West | No; use was fragmented and not continuous. |
| Were the users inseparable from the public? | Town | Trust/West | Not sufficient to show public-wide use; maintained as separate users. |
Key Cases Cited
- Stickney v. City of Saco, 770 A.2d 592 (Me. 2001) (burden to prove public way by prescription; elements plus public-use character)
- Shadan v. Town of Skowhegan, 700 A.2d 245 (Me. 1997) (elements of prescriptive easement including adverse use and knowledge by owner)
- Town of Manchester v. Augusta Country Club, 477 A.2d 1124 (Me. 1984) (use may be public maintenance but does not by itself prove prescription)
- Theberge v. Theberge, 9 A.3d 809 (Me. 2010) (standard of review for findings on factual sufficiency)
- Comber v. Plantation of Dennistown, 398 A.2d 376 (Me. 1979) (maintenance evidence insufficient to imply continuous use)