Goucher v. Hanson

ROBERTS, Justice.

The defendants, Oscar and Dana Hanson, appeal from the judgment of the Superior Court, Kennebec County, granting to the plaintiff, Theodore Goucher, a permanent injunction enjoining the Hansons from impeding the access to and passage along McGaffee Mountain Road (Mountain Road).1 On appeal, the Hansons argue that the trial court erred in finding that Mountain Road is a “town or private way with a public easement of access necessary to provide ingress and egress to property adjoining such private way.” We agree and accordingly vacate the judgment.

The Hansons challenge the…