Goudreau v. Pine Springs Road & Water, LLC

2012 ME 70, 44 A.3d 315, 2012 WL 1921518, 2012 Me. LEXIS 70
CourtSupreme Judicial Court of Maine
DecidedMay 29, 2012
DocketYor-11-355
StatusPublished
Cited by11 cases

This text of 2012 ME 70 (Goudreau v. Pine Springs Road & Water, LLC) 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
Goudreau v. Pine Springs Road & Water, LLC, 2012 ME 70, 44 A.3d 315, 2012 WL 1921518, 2012 Me. LEXIS 70 (Me. 2012).

Opinion

MEAD, J.

[¶ 1] Robert Goudreau, Catherine Gou-dreau, Wilfred Taylor, Marylu Taylor, Jean Campbell, and Robert Campbell (“the Lot Owners”) appeal from the judgment entered in the Superior Court (York County, Fritzsche, J.) finding that they were not entitled to form a road association pursuant to 23 M.R.S. § 3101 (2011) and are bound by certain restrictive covenants to pay an annual maintenance fee to Pine Springs Road and Water, LLC (PSRW) for subdivision road maintenance. On appeal, the Lot Owners argue that the court erred in concluding that they did not meet the criteria for establishing a statutory road association pursuant to section 3101 and that the covenants requiring the payment of an annual maintenance fee are not binding on them. We agree with the Lot Owners and vacate the judgment.

I. BACKGROUND

[¶ 2] The following facts are derived from the parties’ stipulation of facts and accompanying exhibits. In 1967 and 1968, Albert Cameron conveyed certain real estate in Shapleigh to Pine Springs Development Corporation (Pine Springs), a closely held corporation of which Cameron was a principal. Later, the property was subdivided in several phases and the subdivision plans were recorded in the York County Registry of Deeds.

[¶ 3] The Lot Owners each purchased real estate from Pine Springs or from predecessors in title who had purchased real estate from Pine Springs by deeds that referenced numbered lots on the recorded subdivision plans; the subdivision includes a network of interconnected roads and bridges that benefit the Lot Owners’ properties. Specifically, the Taylors acquired title to their respective lots by conveyances from Pine Springs in 1980 that included an express grant of “a right-of-way to and from the lot herein conveyed to the Newfield-Ross Corner Highway over and across other land of the Grantor Corporation.” The Goudreaus acquired title to their lot by a conveyance in 1997 that expressly included “the right to travel over all the roads as shown on said [subdivision] plan for the purpose of access to and from the public highway.” The Campbells acquired title to their lot in 1999 by a conveyance that expressly included “a right-of-way to and from the lot herein conveyed to the Newfield Ross Corner Highway over and across other land of [Pine Springs].”

[¶ 4] The Town of Shapleigh never accepted the roads in the subdivision and the roads remain privately owned. PSRW claims ownership of the roads, and the Lot Owners, although not conceding PSRW’s ownership of the roads, consented that the trial court “decide [the] matter as though all [the] [plaintiffs initially took their lots without a conveyance of a fee interest in the abutting roads.”

[¶ 5] In 1968, Pine Springs recorded a document entitled “Extract of Minutes of Meeting of the Directors of Pine Springs Development Corp.” that purported to establish a number of restrictive covenants regarding the subdivision lots at issue *317 here. In particular, the document provided, pursuant to paragraph 14(A)(3), that each lot purchaser agreed to pay to Pine Springs or its successors an annual $100 fee “for the right to enjoy such of the following privileges, facilities, improvements, services, and benefits,” which included, “[pjurchase, construction, improvement, and maintenance of roads, beach and other recreational facilities, including the snowplowing of said roads and ways.” Additionally, paragraph 14(E) provided that the $100 charge “shall run with and bind the land ... until December 31, 1980, unless earlier terminated by written release of the grantor.” Each deed the Lot Owners received provided that it was made subject to the conditions and restrictions contained in the 1968 document.

[¶ 6] On October 10, 1975, a corporation named the Pine Springs Lake Association was formed. A number of years later, on April 5,1988, a document entitled “Minutes of Meeting of Directors of Pine Springs Lake Association Corp.” was recorded. The document purported to transfer Pine Springs’s road maintenance responsibilities pursuant to the 1968 minutes to the Lake Association and provided that “[t]he maintenance fee is due Pine Springs Lake Association” and that “this fee shall run with and bind any land conveyed by any successive owner of [Pine Springs] and shall be binding upon the grantee or grantees, his, her, their or its heirs, executors, administrators, successors and assigns unless terminated by written release of Pine Springs Lake Association.” However, on October 14, 1997, the Lake Association was dissolved and “all road maintenance functions” were returned to Pine Springs.

[¶ 7] On December 18, 1997, Pine Springs recorded a document entitled “Extension and Amendment of Extract of Minutes [of] Meeting of Directors of Pine Springs Development Corp.” The document purported to extend the restrictions, conditions, and rights contained in the 1968 minutes. It also increased the annual road maintenance fee to $150 and provided that the “charge shall run with and bind the land herein conveyed ... in perpetuity unless terminated by written, recorded release of said grantor Corporation.”

[¶ 8] Several years later, on December 13, 2005, Pine Springs, through deeded conveyances, transferred all of its remaining rights and interests in the subdivision properties to PSRW.

[¶ 9] The Lot Owners filed an amended complaint in the Superior Court on February 22, 2011, seeking a declaratory judgment as to whether, among other things, they were empowered to form a road association pursuant to 23 M.R.S. §§ 3101-3104 (2011) and whether the covenants regarding the road maintenance fees were valid, and if so, to what extent. The court found that the Lot Owners could not form a road association because their lots were not benefited by easements and the subdivision roads did not fall within the statute’s definition of “private ways.” Regarding the extension of the road maintenance fees, the court interpreted the December 31, 1980, expiration date in the 1968 minutes as meaning that only the $100 fee rate itself would potentially expire on that date, not Pine Springs’s right to maintain the roads and bill for that service. The Lot Owners then instituted this appeal.

II. DISCUSSION

A. Statutory Road Association

[¶ 10] The Lot Owners argue that the court erred in finding that their lots are not benefited by easements and in concluding that section 3101 is inapplicable to the subdivision roads at issue.

*318 [¶ 11] “We review a trial court’s factual findings for clear error and its application of the law to those facts de novo.” Peters v. O’Leary, 2011 ME 106, ¶ 15, 30 A.3d 825. The parties have stipulated to the facts, and the interpretation of a deed is a matter of law reviewed de novo. Matteson v. Batchelder, 2011 ME 134, ¶ 12, 32 A.3d 1059. Likewise, we “review legal questions of statutory interpretation de novo.” Peters, 2011 ME 106, ¶ 13, 30 A.3d 825.

[¶ 12] The process for forming a statutory road association may be set in motion when certain conditions are met:

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Bluebook (online)
2012 ME 70, 44 A.3d 315, 2012 WL 1921518, 2012 Me. LEXIS 70, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goudreau-v-pine-springs-road-water-llc-me-2012.