Legal Opinion

Connolly v. Maine Central Railroad

Supreme Judicial Court of Maine

Decided November 8, 2011PublishedCited by 2 opinions

1Opinion of the CourtLevy, J.

[¶ 1] In this appeal, we consider whether use of an implied quasi-easement, historically used as a farm crossing, may be expanded to permit residential access and the installation of utility lines. This issue arises from a judgment of the Superior Court (Penobscot County, Studstmp, J.) that found that an implied quasi-easement exists over the land of Maine Central Railroad Company, but concluded that its use is limited to its historical use as a farm crossing. Frank Connolly and Kathryn McCatherin, who wish to use the easement for residential purposes, appeal from the judgment, arguing that…

2Cases cited10 opinions

  1. Flaherty v. MutherSupreme Judicial Court of Maine · 2011
  2. LeMay v. AndersonSupreme Judicial Court of Maine · 1979
  3. McGeechan v. SherwoodSupreme Judicial Court of Maine · 2000
  4. Amodeo v. FrancisSupreme Judicial Court of Maine · 1996
  5. Bowers v. AndrewsSupreme Judicial Court of Maine · 1989

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3Cited by2 opinions

  1. Brodhurst v. FrazierSupreme Court of The Virgin Islands · 2012
  2. Edward E. Favart v. Steven M. Ouellette & a.Supreme Court of New Hampshire · 2020

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