Warchalowski v. Brown

McKUSICK, Chief Justice.

By agreement of the parties this consolidated action was referred to a referee who rejected appellant Warchalowski’s claim of a right of way by either prescription or necessity over appellee Brown’s land, but upheld the action of the Oxford County Commissioners (the Commissioners) that had granted Warchalowski’s petition for the laying out of a private way. After both parties objected to the referee’s report, the Superior Court (Androscoggin County) 1 affirmed the denial of any easement by necessity or prescription, but reversed the decisions of the referee and the…