Lyons v. Baptist School of Christian Training

“The Baptist School of Christian Training appeals from a judgment entered in the Superior Court
(Aroostook County, Hjelm, J.) after a nonjury trial finding that a public, prescriptive easement exists across the Baptist School’s property located in the Town of Chapman. The Baptist School argues that the Superior Court erred in finding a public, prescriptive easement because there is insufficient evidence of adversity and because the court did not apply Maine’s presumption of permissive use regarding recreational uses of open lands.

We vacate the Superior Court’s judgment because the record fails to support the finding of adversity necessary to establish a public, prescriptive easement.

Lyons v Baptist 804A2D364