FOURNIER v. ELLIOTT

Docket: Ken-08-308.

966 A.2d 410 (2009)

2009 ME 25

Glen A. FOURNIER et al. v. Charles H. ELLIOTT III et al.

Supreme Judicial Court of Maine.

Decided: March 10, 2009.


Attorney(s) appearing for the Case

Robert S. Hark, Esq. (orally), Troubh Heisler, Portland, ME, for Glen A. Fournier and Lisa M. Fournier.

David A. King, Esq. (orally), Bath, ME, for Charles H. Elliott, III, Bernadette A. Elliott, and Charles H. Elliott, IV.

Panel: SAUFLEY, C.J., and CLIFFORD, ALEXANDER, LEVY, SILVER, MEAD, and GORMAN, JJ.


LEVY, J.

[¶ 1] Glen A. and Lisa Fournier appeal from a summary judgment entered in the District Court (Augusta, J.D.Kennedy, J.) denying their claim of title to a portion of the subdivision roads abutting their property. The Fourniers contend that the court erred by concluding that 33 M.R.S. § 460 (2008) does not grant them title to the centerline of the abutting roads. Because we agree, we vacate the judgment and remand for entry of judgment in favor...

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