Lyons v. Baptist School of Christian Training

2002 ME 137, 804 A.2d 364, 2002 Me. 137
CourtSupreme Judicial Court of Maine
DecidedAugust 16, 2002
StatusPublished
Cited by31 cases

This text of 2002 ME 137 (Lyons v. Baptist School of Christian Training) 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
Lyons v. Baptist School of Christian Training, 2002 ME 137, 804 A.2d 364, 2002 Me. 137 (Me. 2002).

Opinions

Majority: SAUFLEY, C.J., and DANA, ALEXANDER, LEVY, JJ.

Dissent: CLIFFORD, RUDMAN, and CALKINS, JJ.

ALEXANDER, J.

[¶ 1] The Baptist School of Christian Training appeals from a judgment entered in the Superior Court (Aroostook County, Hjelm, J.) after a nonjury trial finding that a public, prescriptive easement exists across the Baptist School’s property located in the Town of Chapman. The Baptist School argues that the Superior Court erred in finding a public, prescriptive easement because there is insufficient evidence of adversity and because the court did not apply Maine’s presumption of permissive use regarding recreational uses of open lands. We vacate the Superior Court’s judgment because the record fails to support the finding of adversity necessary to establish a public, prescriptive easement.

I. CASE HISTORY

[¶ 2] For the past fifty years, the Baptist School has owned a lot consisting of approximately 150 acres of mostly wooded land in the Town of Chapman (Chapman lot). The Chapman lot adjoins another [367]*367large lot owned by the Baptist School in the Town of Mapleton (Mapleton lot). Until the 1940s, there was a residence on the Chapman lot, and four to six acres of the Chapman lot immediately abutting the Ma-pleton lot were cultivated for potatoes and other uses. Only a foundation remains today, and the formerly cultivated areas are now significantly overgrown. Beginning in the 1950s, the Baptist School developed and expanded a summer camp for children on the Mapleton lot, constructing a number of buildings and open areas for camp activities and recreation.

[¶ 3] The Baptist School’s properties are accessed from the Carvel Road, a public way, onto the Baptist Park Road. The Baptist Park Road runs through the Ma-pleton and Chapman lots and has provided access to other properties south of the Chapman lot and to the Presque Isle Stream. The portion of the Baptist Park Road within the Town of Mapleton is a public way maintained by the Town of Mapleton. The Town of Chapman has not been involved in maintaining the portion of Baptist Park Road within the Town of Chapman. There is no evidence that, within the Town of Chapman, the Baptist Park Road exists as anything other than a private way across the land of the Baptist School and other owners within the Town of Chapman.

[¶ 4] The programs on the Baptist School’s property have expanded considerably in recent years from approximately 200 campers in the mid-1950s to nearly 1000 campers in the year 2000. In addition, the nature of the programs has expanded from weekly summer camp offerings for children to larger weekly camp sessions in the summers. There are also weekend sessions for children and adults at other times of the year. Most of the camp-related activities have been conducted on the Mapleton lot. In the past several years, however, the Baptist School has added an archery course, a climbing wall, and trails for cross-country skiing and mountain biking that use the Chapman lot. With permission, the cross-country skiing and mountain biking trails extend onto a neighboring property.

[¶ 5] In 2000, after increasing concern about abusive uses of their property by all-terrain vehicles and large-tire, four-wheel drive vehicles, the Baptist School placed a barrier across the Baptist Park Road. Initially, this barrier was placed across the road on the Mapleton lot. Later, because the road on the Mapleton lot is a public way, the barrier was moved back to the Chapman line. The plaintiffs, all of whom own property in the vicinity of the Baptist School, then brought suit alleging that a public easement by prescription had been established on the portion of the Baptist Park Road located on the Chapman lot.

[¶ 6] At trial, twelve witnesses testified, including six of the plaintiffs: Thomas Kaiser, Steven Kaiser, Eugene Weaver, Edward Breeden, Edwin Lyons, and Larry Gardiner. Also testifying for the plaintiffs were five area residents, John Edgeeomb, Fernald Garland, Ronald Carney, Keith Condon, and Shane Thomas. In addition, the Baptist School President, Raymond Todd, testified. Todd, had been associated with the Baptist School since he was a camper in the 1950s.

[¶ 7] All of the witnesses testified that through the years, they and other members of the public frequently used the Baptist Park Road for hunting, fishing, snowmobiling, and other recreational activities as well as to access the Presque Isle Stream and other properties south of the Chapman lot. Among other uses, Eugene Weaver testified that he had owned a bulldozer and would “take it for a walk” on the road, clearing out any blow downs or obstructions as he did so.

[368]*368[¶ 8] All of the plaintiffs’ witnesses testified that they currently or had previously used the road within the Town of Chapman with some frequency and, when they used it, they neither requested permission nor believed they needed to receive permission to use the road.

[¶ 9] Witnesses Garland and Thomas and plaintiff Thomas Kaiser testified that they thought they had a right to use the road. For example, in response to the question, “Did you use it as though you had a right to?” Fernald Garland testified, “Yuh, that’s the way I think that it is. I mean, that’s the way we always thought it was.” Garland and Thomas also testified that if “No Trespassing” signs had been posted, they would have respected the signs, not used the road, and stayed off the property. Witness Carney and plaintiffs Steven Kaiser, Breeden, and Lyons also testified that they would have respected “No Trespassing” signs, had they been posted. Plaintiff Gardiner testified that he believed he could use the property for hunting because Maine did not have a “reverse trespass” law requiring affirmative permission from landowners prior to hunting.

[¶ 10] Several witnesses, Garland, Con-don, and Thomas, and plaintiffs Thomas Kaiser, Steven Kaiser, Weaver, and Bree-den, acknowledged the existence of a tradition that embodies the belief that people have implicit permission to traverse and use other persons’ open fields and woodlands without seeking express permission. That implicit permission for public use continues until explicitly withdrawn by an affirmative act, such as placement of a barrier or “No Trespassing” signs, which would be respected. The following colloquy between counsel for the Baptist School and Fernald Garland reflects the tradition of implicit permissive use:

Q. [W]hen you weren’t working and you were on defendant’s land, did you feel that you had permission to be on their land?
A. Well ... I just didn’t believe that they really minded if people went on there. Through all of the years, people have been going on that piece of ground. That’s — I own property too, people go on [my land].... [I]t’s just — -we live in Aroostook County, and that’s the way it is in Aroostook County, but I’ve never— I’ve hunted and fished and traveled ... and I never yet have been told to leave a piece of property, ... nor have I asked permission.... [I]ts just the way we are, I guess, and I think its a great way to be.
Q. [S]o I understand, then, that you did not feel you were a trespasser on their property?
A. No sir.
Q. And, you did not feel you were — you were on their property against their wishes?
A. That’s true.

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Cite This Page — Counsel Stack

Bluebook (online)
2002 ME 137, 804 A.2d 364, 2002 Me. 137, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lyons-v-baptist-school-of-christian-training-me-2002.