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CONNOLLY v. MAINE CENT. R. CO.

Docket Pen-10-456.

30 A.3d 830 (2011)

2011 ME 108

Frank CONNOLLY et al. v. MAINE CENTRAL RAILROAD CO.

Supreme Judicial Court of Maine.

Decided: November 8, 2011.

Attorney(s) appearing for the Case

William N. Palmer, Esq. (orally), Gray & Palmer, Bangor, for appellants Frank Connolly and Kathryn McCatherin.

Glen L. Porter, Esq. , and Ryan P. Dumais, Esq. (orally), Eaton Peabody, Bangor, for appellee Maine Central Railroad Company.

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

LEVY, J.

[¶ 1] In this appeal, we consider whether use of an implied quasi-easement, historically used as a farm crossing, may be expanded to permit residential access and the installation of utility lines. This issue arises from a judgment of the Superior Court (Penobscot County, Studstrup, J.) that found that an implied quasi-easement exists over the land of Maine Central Railroad Company, but concluded that its use is limited to its historical use as...

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