Town of Kittery v. MacKenzie

[¶ 1] Jeffrey H. MacKenzie appeals from the entry of a summary judgment by the Superior Court (York County, Brennan, J.) in favor of the Town of Kittery, determining that the Town’s use of its right-of-way did not create or accept a highway, town way, or street that the Town must maintain pursuant to 23 M.R.S.A. § 3651 (1992). MacKenzie argues that the Town’s right-of-way is a way that the Town must maintain pursuant to either the doctrine of dedication and acceptance or the public’s prescriptive use. Because the Superior Court correctly applied the law to the uncontested material facts, we…