Town of Cornville v. Gervais

LIPEZ, Justice.

Frederick Gervais, pro se, appeals from the judgment entered after a jury-waived trial in the Superior Court (Somerset County, Kravchuk, J.) declaring a public easement across the road leading to his property. Because we discern no error of law, we affirm the judgment of the Superior Court.

Title 23 M.R.S.A. § 30281 states that it is prima facie evidence of abandonment if a town has not kept a way passable for the use of motor vehicles at the expense of the municipality for more than 30 consecutive years. Because abandonment pursuant to the statute does not occur until the end…