Town of South Berwick v. White

McKUSICK, Chief Justice.

Plaintiff-appellant Town of South Berwick brought suit in the Superior Court (York County) against 39 owners of property abutting a 1.6-mile portion of Belle Marsh Road located in the town, seeking a declaration pursuant to 23 M.R.S.A. § 3028 (Supp.1979)1 that the road had been “abandoned as a public way.” The Town relied upon the rebuttable presumption of abandonment2 that by section 3028 arises if “a town . . . way established prior to January 1,1946” was “not kept passable for the use of motor vehicles at the expense of the municipality . . . for a period of 30 or…