DOCKET NO. AP-05-41
September 4, 2007

This Maine Superior court order, addresses a dispute between the Brittons and the Donnells/DRT regarding property rights on the York River in Maine. The Brittons claim that the Varrell Wharf, operated by DRT, encroaches on their property and interferes with their riparian rights, including access to the water. They seek declaratory and injunctive relief, and damages for statutory nuisance.

The court denied the defendants’ motion for summary judgment on all claims:

• Statutory Nuisance: The court determined that the public trust doctrine does not control this dispute between private landowners. Instead, the focus is on whether the Donnells’ commercial use of the leased area interferes with the Brittons’ riparian rights, specifically their right to unobstructed water access. This presents a genuine issue of material fact.
• Wharves and Weirs Act: The court found that the Brittons’ claim under this act, which prohibits the maintenance of a wharf in front of another’s property without consent, is not time-barred. The cause of action can accrue from the maintenance of a wharf, not just its initial installation. A factual dispute remains regarding consent.
• Declaratory Judgment: While the validity of the leases granted to the Donnells by the Bureau of Lands cannot be challenged, the court ruled that holding a valid lease does not permit activity that violates the Brittons’ property rights. Whether the operation of the floats violates the Brittons’ rights, and where the boundary line across the tidal flats lies, are factual issues preventing summary judgment.
• Colonial Method: The court stated that a new survey using the Colonial Method to determine the intertidal boundary is not required, as the Brittons’ existing survey provides sufficient description.

In summary, the court denied summary judgment for both parties, indicating that factual issues remain that require a trial.

Summary by Gemini