This is a summary of the Maine Supreme Judicial Court case .

Facts:
In 1920, the Cumberland Heights subdivision plan was recorded, including housing lots and “paper streets” (streets on paper but not built or used). In 1965, the Mainses bought several lots in the subdivision. In 1972, they acquired title to the paper streets (Essex Street, Whitney Avenue, and a section of Hill Street) from the original developer’s heir and recorded the deed. The Driscolls later bought lots abutting these paper streets between 1989 and 2003.

In 1987, the Maine Legislature passed the “Paper Streets Act” to clarify title to paper streets. The Act was amended in 1997, leading to the vacation of these specific paper streets by operation of law on September 29, 1997, because the City of Westbrook never accepted or developed them. After the vacation, the city assessed the paper streets as if the abutting lot owners owned to the centerline.

In 2000, the Mainses filed a notice claiming ownership of the streets. The Driscolls responded with their own notice of ownership. In 2001, the Driscolls sued to quiet title. The District Court granted partial summary judgment to the Driscolls, ruling that 33 M.R.S.A. § 469-A applied and the Mainses had not satisfied its notice requirements.

Issue:
Did the District Court err in applying 33 M.R.S.A. § 469-A to divest the Mainses of record ownership of the paper streets, which they acquired by deed prior to the Paper Streets Act?

Holding:
Yes, the Supreme Judicial Court of Maine held that the District Court erred. The summary judgment in favor of the Driscolls was vacated, and the case was remanded for summary judgment in favor of the Mainses.

Reasoning:
The Court reasoned that the Paper Streets Act (specifically 23 M.R.S.A. §§ 3031-3035 and 33 M.R.S.A. §§ 460, 469-A) was enacted to clarify title to unclaimed paper streets and eliminate “ancient claims,” not to divest ownership of streets that had been validly conveyed by deed. The Mainses’ 1972 deed was a valid conveyance under the law at that time, and their ownership was “neither unclaimed nor outstanding on the record.” Applying the statute to divest the Mainses of their previously conveyed ownership would raise constitutional concerns regarding due process and adequate compensation, which the Legislature could not have intended. Therefore, section 469-A does not apply to paper streets that were previously conveyed by deed.

Summary by Gemini