Franklin Prop. Trust v Foresite, Inc.

“This appeal involves the title to a parcel of land (hereafter “Sign property”) which serves as an entrance to the Promenade Mall in Lewiston. The defendants,Foresite, Inc., formerly Rosenthal Investments, and
Lisbon Street Shopping Trust, the successor in title to Foresite, Inc., (hereafter referred to collectively as “Foresite”)  claim title by virtue of 33 M.R.S.A. § 460 et seq. The plaintiff, Franklin Property Trust (hereafter “Franklin”), asserts that it owns the Sign property in fee subject to a nonexclusive right-of-way held by Foresite. The Superior Court entered summary judgment on the issue of title in favor of the defendants.

We reverse the judgment of the Superior Court and remand for further proceedings.”