40 A.3d 1013
Me.2012Background
- Stanton owns property on Seven Tree Pond; access is via a deeded easement. Strong owns the fee interest in the easement and adjacent property since 2002.
- The easement is described as 30 feet wide, to be used in common with other easement holders, and includes a nine- to ten-foot-wide dirt road.
- Stanton’s summers at the cottage began in 1971; historically guests parked along the common boundary between Stanton’s property and the easement.
- From August 2008, Strong objected to Stanton’s guests parking along the boundary and placed obstructions—boulders, rock, fence posts—partially on the easement and blocking access.
- Stanton removed the obstructions with a landscaping company; Strong claimed the rock was to repair the road and address drainage; the trial court found for Stanton on trespass and granted a permanent injunction; Strong challenged only the injunction.
- The trial court concluded there would be irreparable harm without the injunction, the harm outweighed potential harms to Strong, and the public interest would not be adverse.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the permanent injunction proper to stop obstruction of Stanton’s access? | Stanton argues irreparable harm and ongoing obstruction justify injunction. | Strong contends findings are insufficient and the injunction is overbroad. | Affirmed; injunction proper. |
| Do Stanton’s easement rights allow full use of the granted area, not limited to necessity? | Stanton entitled to use the entire granted area. | Owner cannot impair the easement within its bounds. | Deed allows full use; no impairment by servient owner. |
Key Cases Cited
- Mill Pond Condo. Ass'n v. Manalio, 2006 ME 135 (Me. 2006) (owner of right of way entitled to use entire granted area)
- Badger v. Hill, 404 A.2d 222 (Me. 1979) (servient land use may not impair easement within bounds)
- Walsh v. Johnston, 608 A.2d 776 (Me. 1992) (three-factor test for permanent injunction)
- Pettee v. Young, 2001 ME 156 (Me. 2001) (deed interpretation; extent of easement)
- State v. Price-Rite Fuel, Inc., 24 A.3d 81 (Me. 2011) (reviewing fact findings for clear error; de novo on deed; abuse of discretion)