Conant
Supreme Judicial Court of Maine
On exceptions. The hearing in this case was on a motion, at nisi prius, to dismiss an appeal from the decision of the county commissioners for Cumberland county. It appeared that in pursuance of a petition of the municipal officers of Westbrook, the county commissioners proceeded to make and establish the existing boundaries of an existing highway, in that town, called the Stroudwater road. They awarded the appellant no damages.
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On exceptions. The hearing in this case was on a motion, at nisi prius, to dismiss an appeal from the decision of the county commissioners for Cumberland county. It appeared that in pursuance of a petition of the municipal officers of Westbrook, the county commissioners proceeded to make and establish the existing boundaries of an existing highway, in that town, called the Stroudwater road. They awarded the appellant no damages. She claimed that she was aggrieved by this decision and had the right to appeal. Counsel for the county denied her right to appeal, and moved that the appeal be…
1Opinion of the CourtEmery, J.
By E. S., c. 18, § 11, (the chapter on ways) when the true boundaries of a duly located highway become uncertain, &c., the county commissioners, upon petition of the municipal officers of the town, and upon specified notice, are to hear the matter, and to locate and define the limits and boundaries of the highway within the town, and erect durable monuments ; and if any real estate is damaged by such action, they "shall award damages to the owner as in laying out new highways.” The statute says nothing more about an appeal in such cases.
The appellant does not question the regularity of the…
2Cited by4 opinions
- In Re Bangor Hydro-Electric CompanySupreme Judicial Court of Maine · 1974
- Oxford County Agricultural Society v. School Administrative District No. 17Supreme Judicial Court of Maine · 1966
- Haile v. Sagadahoc County CommissionersSupreme Judicial Court of Maine · 1943
- Seymour v. Du BoisU.S. Circuit Court for the District of Western Pennsylvania · 1906