Berge v. State

Reiber, C.J.,

¶ 20. dissenting. Because I believe that the trial court was correct in granting summary judgment to the State, I respectfully dissent. The majority opinion amply details the underlying facts; I write briefly to express my disagreement with the legal conclusions therein.

¶ 21. The trial court’s grant of summary judgment rested largely on Maine and New York cases standing for the proposition that access to a public road via navigable water defeats a claim for strict necessity. See Murch v. Nash, 861 A.2d 645, 652 (Me. 2004) (holding that while “absolute physical impossibility” is…