O'Connor v. Larocque

ROGERS, C. J.,

with whom PALMER and EVELEIGH, Js., join,

dissenting.

I respectfully dissent. Although the majority properly reviews the trial court’s factual finding that the named plaintiff, Theresa P. O’Connor,1 satisfied each element of adverse possession according to a sufficiency of the evidence standard, I believe the majority fails to afford the trial court the degree of deference that this court routinely affords in sufficiency challenges. Specifically, I cannot agree with the majority’s conclusion that the record contains “absolutely no evidence” that the plaintiff intended to hold a…