Dupuis v. Soucy, 11 A.3d 318 (Me. 2011)

This opinion concerns a dispute between neighbors over a property boundary and the cutting of trees.

Here’s a summary of the key points:

  • Boundary Dispute: Marc J.J. Dupuis Jr. and Ronald and Danuta Soucy own abutting properties. The core of the dispute was the northern boundary of Dupuis’s property and the southern boundary of the Soucys’ property. The Superior Court sided with Dupuis, determining the boundary based on the Wendell survey (which placed the line further north) and the doctrine of boundary by acquiescence. The Supreme Judicial Court of Maine affirmed this boundary determination.
  • Tree Cutting and Damages: Ronald Soucy cut down trees on what the court determined was Dupuis’s property. The court found that Ronald Soucy acted “intentionally or knowingly” when cutting the trees, leading to an award of treble damages ($12,900) under 14 M.R.S. § 7552(4)(B). This finding was affirmed on appeal, citing evidence that Soucy cut trees, apologized, but then cut more trees and removed a boundary pin despite knowing about the dispute.
  • Danuta Soucy’s Liability: The trial court had found Danuta Soucy liable for trespass. However, the appellate court found “insufficient evidence in the record to support a judgment against Danuta Soucy” for the trespass claims related to tree cutting and boundary marker removal. Her judgment was vacated.
  • Attorney Fees: The trial court awarded Dupuis the full amount of his attorney fees ($21,327.21). The Soucys argued this violated 14 M.R.S. § 7552(5), which limits attorney fees to one-half of the damages recovered under subsection (4) plus interest. The appellate court agreed and remanded the case for a recalculation of attorney fees consistent with this statutory limitation.

In essence, the Supreme Judicial Court of Maine largely affirmed the lower court’s findings regarding the boundary and Ronald Soucy’s liability for intentional tree cutting, but it vacated the judgment against Danuta Soucy and ordered a recalculation of attorney fees based on statutory limits.

Summary by Gemini