Britton v. Donnell

[¶ 1] This is the second appeal in a dispute between adjacent owners of shore-front land in York Harbor. See Britton v. Dep’t of Conservation (Britton I), 2009 ME 60, 974 A.2d 303. In Britton I, we held that if a wharf extending in front of the tidal flats of adjacent property injures the adjacent landowners’ enjoyment of them riparian rights, the Wharves and Weirs Act, 38 M.R.S. § 1026 (2010), 1 affords them a remedy. 2009 ME 60, ¶ 25, 974 A.2d at 310. On remand, the Superior Court (York County, Brennan, J.) determined that the wharf does not injure the adjacent landowners and therefore they…