Town of Blue Hill v. Leighton
2011 ME 103
| Me. | 2011Background
- Dorothy Leighton resides at 8 Mill Pond Lane, Blue Hill, and has not paid taxes since 1991.
- In 1991 Blue Hill recorded a tax lien certificate against Leighton, creating a tax lien mortgage when redemption expired.
- The town foreclosed the lien in 1993, but did not immediately seek possession and continued tax assessments to Leighton through 1997.
- In 2010, the Town filed an FED action seeking possession and costs; the District Court ruled for Leighton in July 2010.
- The Town sought relief; the Superior Court vacated and remanded for entry of a writ of possession in favor of the Town.
- This appeal concerns whether the Town proved it holds title superior to Leighton to justify immediate possession.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the Town prove superior title to permit possession? | Leighton contends Town failed to show current title. | Leighton argues burden lies with Town to prove current title. | Town satisfied title by tax lien statutes; burden not on current title. |
| Whether the tax lien mortgage process creates prima facie title evidence | Leighton challenges prima facie effect of title evidence. | Town argues §942-943 confer prima facie title upon foreclosure. | Yes; statutes provide prima facie evidence of Town’s title after redemption period expires. |
| Whether waiver by continued tax assessments defeats title | Leighton relies on tax assessments post-1991 as waiver of foreclose rights. | Town cites Dolloff to reject waiver by continued taxation as a defense. | Waiver not established; continued assessments do not defeat title obtained by statutory foreclosure. |
Key Cases Cited
- Gray v. Hutchins, 150 Me. 96 (Me. 1954) (prima facie effect of recorded lien certificate; title questions.)
- Town of Pownal v. Anderson, 1999 ME 70 (Me. 1999) (title determination dispositive of right to immediate possession under FED.)
- Tozier v. Tozier, 437 A.2d 645 (Me.1981) (FED is not a plenary title action.)
- Dolloff v. Gardiner, 148 Me. 176 (Me. 1952) (waiver defense not applicable to town in tax lien context.)
- Ly v. Lafortune, 2003 ME 119 (Me. 2003) (statutes vest full title in municipality when redemption period expires.)
- Rubin v. Josephson, 478 A.2d 665 (Me. 1984) (burden of production and proof in FED; statutory framework.)
- Gray v. Hutchins, 150 Me. 96, 104 A.2d 423 (Me. 1954) (prima facie effect of the recorded lien certificate; title considerations.)
- Union River Assocs. v. Budman, 2004 ME 48 (Me. 2004) (appellate review of FED matters; standard of review.)
- Frost Vacationland Props., Inc. v. Palmer, 1999 ME 15 (Me. 1999) (title adjudication relates to possession rights in FED.)