FLAHERTY v. MUTHER

Docket: Cum-09-631.

17 A.3d 640 (2011)

2011 ME 32

Robert FLAHERTY et al. v. Helen MUTHER et al.

Supreme Judicial Court of Maine.

Decided: March 22, 2011.


Attorney(s) appearing for the Case

James A. Billings, Esq. (orally), Walter F. McKee, Esq. , Lipman, Katz & McKee, PA, Augusta, ME, for Helen Muther and Paul Woods.

Philip P. Mancini, Esq. , Alexander W. Saksen, Esq. (orally), Drummond & Drummond, LLP, Portland, ME, for the Broad Cove Shore Association.

Thomas R. McNaboe, Esq. , Cumberland Foreside, ME, Andre G. Duchette, Esq. , Taylor, McCormack & Frame, LLC, Stephen D. Bither, Esq. (orally), Portland, ME, for the J-Lot owners.

Janet T. Mills , Attorney General, Paul Stern, Dep. Atty. Gen. (orally), Augusta, ME, for the State of Maine.

Sidney St. F. Thaxter, Esq. (orally), David P. Silk, Esq. , Susan E. Schorr, Esq. , Curtis Thaxter Stevens Broder & Micoleau LLC, Portland, ME, for amicus curiae Sidney St. F. Thaxter.

Neal L. Weinstein, Esq. , Old Orchard Beach, ME, for amicus curiae The Surfrider Foundation.

Amicus curiae Orlando Delogu, Esq. , Portland, ME, pro se.

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


LEVY, J.

[¶ 1] This case centers on a right-of-way over a private house lot that provides access to a small beach in Cape Elizabeth. The owners of the house lot, Helen Muther and Paul Woods, individually and as trustees of the Buffett Coastal Trust, appeal from a judgment entered in the Superior Court (Cumberland County, Crowley, J.) in favor of the owners of eighteen neighboring properties (the J-Lot owners) and the Broad Cove Shore Association.

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