Brooks v. Carson

2012 ME 97, 48 A.3d 224, 2012 WL 2926197, 2012 Me. LEXIS 98
CourtSupreme Judicial Court of Maine
DecidedJuly 19, 2012
StatusPublished
Cited by7 cases

This text of 2012 ME 97 (Brooks v. Carson) is published on Counsel Stack Legal Research, covering Supreme Judicial Court of Maine primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brooks v. Carson, 2012 ME 97, 48 A.3d 224, 2012 WL 2926197, 2012 Me. LEXIS 98 (Me. 2012).

Opinion

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 record lot owners in the subdivision that includes the paper street, or only those lot owners that the person asserting ownership of the paper street seeks to exclude from the paper street property. Because we conclude that notice to all subdivision lot owners is required, we affirm that portion of the trial court’s judgment addressing the notice issue.

[¶ 2] Barbara R. Carson appeals from a judgment entered in the Superior Court (Sagadahoc County, Horton, J.) following a jury-waived trial. The court granted judgment to the plaintiffs, Conrad S. Brooks and the other owners of six properties abutting or near to Carson’s property (the Neighbors). The Neighbors had brought an action against Carson pursuant to the Paper Streets Act, seeking a determination that they have a continuing right to use a portion of a paper street known as Gosnold Street, which bisects Carson’s property, in order to access another paper street, Sea Street, that provides access to the Atlantic Ocean.

[¶ 3] Carson argues on appeal that the court erred when it (1) concluded that, pursuant to 23 M.R.S. § 3033(1), Carson was required to send notice to the record owners of all lots in the subdivision plan in order to validate her claim to ownership; (2) made several findings of fact that are unsupported by record evidence; (3) determined that if any of the Neighbors could prove that their loss of the use of the relevant portion of the paper street to access the ocean was unreasonable, then all of the Neighbors should prevail; and (4) determined that the Neighbors proved that the loss of the use of the relevant portion of the paper street would unreasonably limit access to the ocean, even though some Neighbors presented no evidence of their personal use of or need to use the paper street.

[226]*226I. CASE HISTORY

[¶ 4] Six sets of Neighbors own twenty lots in the Popham Beach Estates, Inc., subdivision located in the Popham Beach area of Phippsburg. The lots appear on a recorded 1922 subdivision plan that includes hundreds of small lots. The subdivision is bordered to the south by the Atlantic Ocean and to the east by the Kennebec River.

[¶ 5] The 1922 Plan shows three proposed parallel private streets — Sea Street;2 Seguin Street, and Surf Street — that run north to south toward the ocean. These proposed streets are intersected by two proposed streets that run east to west toward the Kennebec River and parallel to the ocean — Gosnold Street and Beach Avenue. Beach Avenue runs above Popham Beach along the ocean, so Neighbors would have to travel south on Sea, Seguin, or Surf streets to get to it. None of these streets have been accepted as a public way by the town of Phippsburg and, as such, all are “proposed, unaccepted ways” pursuant to the Paper Streets Act, 23 M.R.S. §§ 3031-3035; 33 M.R.S. §§ 460(1), 469-A. Only Sea Street, containing a wide gravel road, and Beach Avenue, a flat, partially established route through dune grass, allow for unobstructed travel within the confínes of the streets as they exist on the Plan.

[¶ 6] Carson purchased a parcel of land consisting of four subdivision lots and constructed a home in 2002. On the Plan, Gosnold Street runs through the middle of Carson’s parcel. Carson built her home next to and facing the bounds of Gosnold Street and positioned her driveway so that it crosses Gosnold Street. The approximately 200-foot portion of Gosnold Street at issue in this case is overgrown and a fence blocks easy passage over that portion. The parties agree that the Neighbors have an interest in the portion of Gosnold Street that bisects Carson’s parcel. See generally 23 M.R.S. § 3032-3033; Hartwell v. Stanley, 2002 ME 29, ¶¶ 5-7, 790 A.2d 607.

[¶ 7] The Neighbors’ properties are clustered together around the intersection of Seguin and Gosnold streets near Carson’s parcel. Each of the Neighbors has the same options for accessing the ocean, with minor variations in the distance from a particular Neighbor’s lot to each route of ocean access. The Neighbors have accessed the ocean to varying degrees and have used different routes to do so. Few of the Neighbors have actually accessed the ocean via Carson’s portion of Gosnold Street, typically relying instead on permissive travel over other private property.

[¶ 8] The Neighbors, and other subdivision owners, have three legal rights of access to the ocean. First, the Neighbors may travel east on Gosnold Street to Sea Street, then take Sea Street south to the ocean. Sea Street contains a flat, wide gravel path or road that exists on the earth completely within the bounds of the street as it exists on the Plan.

[¶ 9] Second, the Neighbors may travel south on Seguin Street, which is the most direct route to the ocean, attempting to stay within the bounds of Seguin Street as it exists on the Plan. Ocean access by Seguin Street is not well developed. If one stays within the bounds of Seguin Street, one must walk single-file over hilly, wooded, and uneven terrain with a “large drop-off.”

[¶ 10] Third, the Neighbors may travel west, if necessary, on Gosnold Street to Surf Street and travel south on Surf Street to the ocean. However, travel on Surf Street may not be possible without leaving [227]*227the bounds of that paper street unless there is significant clearing and access improvements.

[¶ 11] In actuality, when the Neighbors access the ocean by traveling south on either Seguin Street or Surf Street, they have historically traveled only partially within the bounds of those paper streets; the historical pathways or gravel roads along these two routes meander out of the bounds of those two paper streets and cross private property. Occasionally lot owners have asked the Neighbors not to enter their property when accessing the beach via Seguin Street, as that street appears on the face of the earth, but no one has prevented the Neighbors from doing so, even though that way meanders onto private property. When the Neighbors have accessed Sea Street or Surf Street, they have typically done so by crossing over private property with permission from the lot owners.

[¶ 12] In 2008, Carson attempted to acquire full ownership of the portion of Gos-nold Street that bisects her property and to extinguish, pursuant to the Paper Streets Act, the rights of other subdivision lot owners to access that portion of Gos-nold Street. In an attempt to accomplish this objective, Carson recorded and sent notice to sixteen sets of subdivision lot owners (owning significantly fewer than all of the subdivision lots), including all of the Neighbors, pursuant to 23 M.R.S. § 3083(1). Carson did not provide notice to the record owners of the many other lots in the subdivision.

[¶ 13] In opposition to Carson’s notice, the Neighbors timely recorded statements of adverse interest. See 23 M.R.S. § 3033(2). They also filed a complaint in the Superior Court, seeking a declaration that they have and shall continue to have a right to use and travel over Carson’s portion of Gosnold Street.

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Cite This Page — Counsel Stack

Bluebook (online)
2012 ME 97, 48 A.3d 224, 2012 WL 2926197, 2012 Me. LEXIS 98, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brooks-v-carson-me-2012.