Sandmaier v. Tahoe Development Group, Inc.

[¶ 1] Lewis E. Jr. and Patricia T. Sandmaier appeal from a judgment entered in the Superior Court (Cumberland County, Crowley, J.) dismissing their declaratory judgment action for failure to state a claim upon which relief may be granted. The Sandmaiers contend that the court erred in determining that they were precluded from acquiring a prescriptive easement over land that was owned by the City of South Portland during all but ten of the years that the Sandmaiers and their predecessors used the land. We affirm the judgment.

I. BACKGROUND

[¶ 2] The Sandmaiers presently own Lot 11 and part of…