Bar Harbor Housing Authority v. Estate of Staples

[¶ 1] In this appeal, the Estate of Theodore Staples contends that the referee erred by allowing the Bar Harbor Housing Authority to take less than a fee simple interest in the land when exercising eminent domain power pursuant to 30-A M.R.S. §§ 4746 and 5108 (2009), and by awarding no damages for the taking. As a threshold matter, because of the unusual procedural posture in which the presiding Superior Court Justice (Hancock County, Cuddy, J.) served as referee, we must examine whether the procedures followed by the parties and the court have resulted in a decision that is ripe for our…