543 A.2d 361 (Me. 1988), Fuller v. Town of Searsport

Citation543 A.2d 361
Opinion JudgeSCOLNIK,
Party NameEllen O. FULLER v. TOWN OF SEARSPORT.
AttorneyFrancis C. Marsano, (orally), Eaton, Glass, Marsano & Woodward, Belfast, for plaintiff. Peter K. Mason, (orally), Searsport, for defendant.
Judge PanelBefore McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ.
Case DateJune 29, 1988
CourtSupreme Judicial Court of Maine (US)

Page 361

543 A.2d 361 (Me. 1988)

Ellen O. FULLER

v.

TOWN OF SEARSPORT.

Supreme Judicial Court of Maine.

June 29, 1988

Argued May 2, 1988.

Page 362

Francis C. Marsano, (orally), Eaton, Glass, Marsano & Woodward, Belfast, for plaintiff.

Peter K. Mason, (orally), Searsport, for defendant.

Before McKUSICK, C.J., and ROBERTS, WATHEN, GLASSMAN, SCOLNIK and CLIFFORD, JJ.

SCOLNIK, Justice.

The plaintiff, Ellen O. Fuller, appeals from a final judgment entered in the Superior Court, Waldo County, denying her petition for a permanent injunction against the defendant, Town of Searsport ("the Town"). Fuller sought to enjoin the Town from taking part of her property by eminent domain to install a portion of a sewage line.

Fuller is a permanent resident of Pennsylvania and owns a summer residence in Searsport. In May, 1985, a town meeting was held in Searsport during which the Selectmen were authorized to borrow and expend funds required for the installation of a new municipal wastewater collection treatment system. In the course of the following year, an engineering firm was hired to prepare plans for the system and assist with grant applications for the project that would be submitted to federal and state agencies.

The engineering firm developed a plan for the wastewater treatment system that involved part of the wastewater pipeline crossing Fuller's land along the northerly line of her property. On or about May 21, 1986, the town manager, Donald Grant, notified Fuller by letter dated May 12, 1986 that the Town wanted an easement across her property for the planned wastewater pipeline. By letter dated June 4, 1986, Grant informed Fuller that he had instructed the Town attorney to begin eminent domain proceedings against her in order to obtain the easement. Fuller then commenced the present action in the Superior Court on July 28, 1986, seeking a permanent injunction against the Town.

On August 25, 1986, a special town meeting was held in Searsport. The voters of the Town who were present approved an article determining a public exigency required taking the most northerly 30 feet of Fuller's property. Fuller attended the meeting and was allowed to speak, but because she was a non-resident, she was not permitted to vote. Fuller had proposed several alternatives to the revised wastewater system plan; these were studied and then dismissed by the Town's...

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5 practice notes
  • Helwig v. InterCoast Career Institute, 020912 MESUP, CV-09-225
    • United States
    • Maine Superior Court of Maine
    • February 9, 2012
    ...Maine Civil Practice § 59.1 (citations omitted). The burden is on the moving party seeking the new trial. Fuller v. Town of Searsport, 543 A.2d 361, 364 (Me. 1988). Defendant's claims cross over several categories, including insufficient evidence, prejudicial error in admitting or excluding......
  • Smith v. Town of Gorham, 102913 MESUP, AP-12-23
    • United States
    • October 29, 2013
    ...by the courts unless there was no rational basis to support a finding that an exigency existed." Fuller v. Town of Searsport, 543 A.2d 361, 363 (Me. 1988). Although the Town Council's order does not make an explicit finding of public exigency, it states: Whereas, in approximately 1988,......
  • 951 A.2d 821 (Me. 2008), Wal-07-493, Dyer v. Department of Transp.
    • United States
    • Maine Supreme Judicial Court of Maine (US)
    • June 26, 2008
    ...21 only to determine whether there was a “rational basis to support a finding that an exigency existed." Fuller v. Town of Searsport, 543 A.2d 361, 363 (Me.1988) (citing Ace Ambulance Serv. v. City of Augusta, 337 A.2d 661, 663 (Me.1975)). There is “no constitutional right on the part ......
  • 979 A.2d 1279 (Me. 2009), Cum-08-684, Portland Co. v. City of Portland
    • United States
    • Maine Supreme Judicial Court of Maine (US)
    • September 3, 2009
    ...reviewable by the courts unless there was no rational basis to support a finding that an exigency existed. Fuller v. Town of Searsport, 543 A.2d 361, 363 (Me.1988) (citation omitted). A finding of public exigency involves a determination that the taking was necessary; the property interest ......
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5 cases
  • Helwig v. InterCoast Career Institute, 020912 MESUP, CV-09-225
    • United States
    • Maine Superior Court of Maine
    • February 9, 2012
    ...Maine Civil Practice § 59.1 (citations omitted). The burden is on the moving party seeking the new trial. Fuller v. Town of Searsport, 543 A.2d 361, 364 (Me. 1988). Defendant's claims cross over several categories, including insufficient evidence, prejudicial error in admitting or excluding......
  • Smith v. Town of Gorham, 102913 MESUP, AP-12-23
    • United States
    • October 29, 2013
    ...by the courts unless there was no rational basis to support a finding that an exigency existed." Fuller v. Town of Searsport, 543 A.2d 361, 363 (Me. 1988). Although the Town Council's order does not make an explicit finding of public exigency, it states: Whereas, in approximately 1988,......
  • 951 A.2d 821 (Me. 2008), Wal-07-493, Dyer v. Department of Transp.
    • United States
    • Maine Supreme Judicial Court of Maine (US)
    • June 26, 2008
    ...21 only to determine whether there was a “rational basis to support a finding that an exigency existed." Fuller v. Town of Searsport, 543 A.2d 361, 363 (Me.1988) (citing Ace Ambulance Serv. v. City of Augusta, 337 A.2d 661, 663 (Me.1975)). There is “no constitutional right on the part ......
  • 979 A.2d 1279 (Me. 2009), Cum-08-684, Portland Co. v. City of Portland
    • United States
    • Maine Supreme Judicial Court of Maine (US)
    • September 3, 2009
    ...reviewable by the courts unless there was no rational basis to support a finding that an exigency existed. Fuller v. Town of Searsport, 543 A.2d 361, 363 (Me.1988) (citation omitted). A finding of public exigency involves a determination that the taking was necessary; the property interest ......
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