Town of Calais v. County Road Commissioners

Although I agree with the Court that municipalities are granted discretion with regard to the repair and maintenance of class 4 roads, I believe that discretion must be exercised on an individual, case-by-ease basis and the exercise of that discretion is subject to review — on an individual basis — under the statutory scheme. Because the statutory scheme providing for review of towns’ decisions regarding road repair was properly followed in this case and the trial court’s decision is supported by the record; I would affirm. Accordingly, I dissent.

I cannot agree with the proposition that the…