BROOKS v. CARSON

Docket: Sag-11-450

48 A.3d 224 (2012)

2012 ME 97

Conrad S. BROOKS et al. v. Barbara R. CARSON.

Supreme Judicial Court of Maine.

Decided: July 19, 2012.


Attorney(s) appearing for the Case

Chris Neagle, Esq. (orally), Troubh Heisler , Portland, for appellant Barbara Carson.

William H. Dale, Esq. (orally), and Mark A. Bower, Esq. , Jensen Baird Gardner & Henry, Portland, for appellees Conrad Brooks, Kathleen Brooks, Vivian Thompson, Albert Desmond, Christine Desmond, Robert Tebbetts, Charlene Tebbetts, Leland Oliver, Jacqueline Oliver, and Popham Holdings, LLC.

Chris Neagle, Esq. , argued, for appellant Barbara Carson.

William H. Dale, Esq. , argued, for appellees Conrad Brooks, Kathleen Brooks, Vivian Thompson, Albert Desmond, Christine Desmond, Robert Tebbetts, Charlene Tebbetts, Leland Oliver, Jacqueline Oliver, and Popham Holdings, LLC.

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


ALEXANDER, J.

[¶ 1] In this appeal we must decide whether the notice provision, 23 M.R.S. § 3033(1) (2011), of the Paper Streets Act, 23 M.R.S. §§ 3027, 3031-3035 (2011); 33 M.R.S. §§ 460, 469-A (2011),1 that permits a person to assert ownership of all or a portion of a paper street, and preclude others from using the owned portion of the paper street, requires that the person asserting the claim notify all...

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