Driscoll v. Mains

[¶ 1] Ernest W. Mains Jr. and Florence L. Mains appeal from a partial summary judgment entered in the District Court (Portland, Horton, J.) in favor of their neighbors, Francis S. Driscoll Jr., Richard O. Bernier and Kelly Lynn Bernier, and Wendy J. Smith 1 regarding the ownership of land in Westbrook designated as paper streets 2 on the Cumberland Heights subdivision plan recorded in the registry of deeds. The Mainses argue, inter alia, that the court erred when it applied 33 M.R.S.A. § 469-A (1999) to divest them of record ownership of the paper streets. We agree and vacate the summary…