Legal Opinion

Welch v. State

Supreme Judicial Court of Maine

Decided July 2, 2004PublishedCited by 8 opinions

1Opinion of the CourtRudman, J.

[¶ 1] Robert and Janet Welch, and Sara Montgomery (the Welches) appeal from a summary judgment entered in the Superi- or Court (Cumberland County, Warren, J.) in favor of the State of Maine on the Welches’ declaratory judgment action seeking a declaration that their property enjoys the benefit of an easement across certain property owned by the State. The Welches contend that sovereign immunity does not bar a quiet title action from proceeding against the State. We agree and vacate the judgment.

I. BACKGROUND

[¶ 2] The Welches own a parcel of real estate in Rangeley with shore frontage on…

2Cases cited8 opinions

  1. Alden v. MaineSupreme Court of the United States · 1999
  2. O'Neill v. State Highway DepartmentSupreme Court of New Jersey · 1967
  3. Hodgdon v. CampbellSupreme Judicial Court of Maine · 1980
  4. Dowley v. MorencySupreme Judicial Court of Maine · 1999
  5. Cushing v. CohenSupreme Judicial Court of Maine · 1980

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3Cited by8 opinions

  1. Heidi Pushard v. Bank of America N.A.Supreme Judicial Court of Maine · 2017
  2. Glover v. State, Department of Transportation, Marine Highway SystemAlaska Supreme Court · 2008
  3. Howard v. HowardSupreme Judicial Court of Maine · 2010
  4. U.S. Bank National Association v. Jim A. GordonSupreme Judicial Court of Maine · 2020
  5. Welch v. StateSupreme Judicial Court of Maine · 2006

3 more not listed; retrieve them via the Exa API.

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