Ocean Point Colony Trust, Inc. v. Town of Boothbay

[¶ 1] Ocean Point Colony Trust, Inc. appeals from a summary judgment entered in the Superior Court (Lincoln County, Perkins, A.R.J.) in favor of the Town of Boothbay. Ocean Point argues that: (1) the Superior Court erred in granting the Town’s motion for a summary judgment because a genuine issue of material fact exists as to whether an incipient dedication of the proposed, but unaccepted way occurred; (2) the Town’s right to accept the proposed street lapsed before the town filed its notice to except the street from deemed vacation pursuant to 23 M.R.S.A. § 3032; and (3) the Town’s act of…