Frustaci v. City of South Portland

[¶ 1] The City of South Portland appeals from a judgment entered in the Superior Court (Cumberland County, Humphrey, C.J.) following a jury verdict in favor of Joseph Frustaci on Frustaci’s claims for statutory damages pursuant to 23 M.R.S.A. § 3029 (1992) based on the City’s discontinuance of two roads that abutted his property. The City contends that Frustaci’s claim for statutory damages is precluded by the Superior Court’s prior conclusion that Frustaci suffered no physical or regulatory taking as a result of the discontinuances. The City also contends that the court improperly excluded…