Rutland v. Mullen

• Decision Date: 20 June 2002
• Citation: 2002 ME 98,798 A.2d 1104
• Parties: James RUTLAND v. John MULLEN et al.
• Court: Maine Supreme Court

798 A.2d 1104

2002 ME 98

James RUTLAND v. John MULLEN et al.

Supreme Judicial Court of Maine.

Argued: September 12, 2001.

Decided: June 20, 2002.

David J. Perkins, (orally), Perkins Olson, P.A., Portland, for plaintiff.

Elliott L. Epstein, (orally), Isaacson & Raymond, Lewiston, John P. Burke, Kelly & Burke, LLC, Belfast, for defendants.

Panel: SAUFLEY, C.J., and CLIFFORD, RUDMAN, DANA, ALEXANDER, and CALKINS, JJ.¹

SAUFLEY, C.J.

[¶ 1] John and Brenda Mullen appeal from: (1) the grant of a partial summary judgment entered in the Superior Court (Waldo County, Marden, J.) declaring an easement on their land to benefit property owned by James Rutland, and (2) the subsequent judgment of the Superior Court (Hjelm, J.) entered upon a jury verdict awarding Rutland compensatory and punitive damages on his claims of tortious interference with a prospective economic advantage and nuisance. The Mullens contend that: (1) the court erred in granting a summary judgment declaring Rutland's easement because genuine issues of material fact exist regarding the extinguishment of the easement by abandonment; (2) insufficient evidence exists in the record to support the jury's verdict as to both liability and damages; and (3) the court abused its discretion in denying their motion for continuance of trial. We affirm the judgment in part and vacate in part.

I. BACKGROUND

[¶ 2] In 1997, James Rutland purchased a parcel of property in Belfast. Abutting Rutland's parcel is property that has been owned by John and Brenda Mullen since 1971. Stephenson Lane travels from Route 1, through the Mullens' property, and then on to Rutland's property. The lower portion of the lane extends from Route 1 to the Mullens' residence. The upper portion of the lane extends north from the Mullens' residence to Rutland's property. Although the lower portion of the lane is a public way that is paved by the City of Belfast, the City no longer claims the upper portion as a public way because it has not maintained the upper portion since at least 1900.

[¶ 3] The Mullens allege that when they purchased their property in 1971, the upper portion of Stephenson Lane consisted of a "narrow trail or footpath up through the woods and was completely impassable by motor vehicle.... In other places, the trail traversed swampland." They also allege that since 1971, they have blocked the lane by using the mouth of the upper portion as a parking lot and leaving vehicles there "for months and months on end." Furthermore, they contend, neither Rutland nor any of his predecessors has used the upper portion to gain access to Route 1 since 1971.

[¶ 4] Although his property is also accessible by another road, Rutland planned to subdivide his property into affordable housing lots and to use Stephenson Lane to access the lots from Route 1. After John Mullen expressed his opposition to this plan and animosity between the parties grew, Rutland filed a complaint against the Mullens in the District Court (Belfast), eventually asserting ten counts relating to his rights in Stephenson Lane: tortious interference with a contract and/or tortious interference with a prospective economic advantage; declaratory judgment; injunctive relief; action to quiet title; implied easement; prescriptive easement; easement by estoppel; easement by necessity; nuisance; and trespass. The Mullens counterclaimed for a declaratory judgment regarding their interest in the upper portion of Stephenson Lane; a declaratory judgment regarding their interest in Back Belfast Road, which runs perpendicular to Stephenson Lane; defamation; trespass; and assault.² The case was removed to the Superior Court.

[¶ 5] Rutland moved for a partial summary judgment on all counts except for his claim of tortious interference, arguing that he enjoyed public and private easement rights in Stephenson Lane as a matter of law. The court (Marden, J.) granted Rutland's motion with respect to the declaratory judgment count and concluded that, although the upper portion of Stephenson Lane on the Mullens' property was not burdened by a public easement, Rutland did enjoy an implied private easement in the lane and that his private easement had not been abandoned.

[¶ 6] The case proceeded to trial on the remaining issues. Rutland claimed $190,911 in damages for direct costs, lost profits, increased risk, and attorney fees and professional expenses as a result of the Mullens' actions in preventing development of his property. He also sought punitive damages on his claim of tortious interference. Although the Mullens did not object to Rutland's testimony regarding damages, they did move for a judgment as a matter of law, arguing that the testimony was too speculative and insufficient to support a jury finding on damages. The Superior Court (Hjelm, J.) granted the Mullens' motion with regard to the increased risk and attorney fee claims, but denied the motion with regard to direct costs and lost profits. [¶ 7] The jury found for Rutland on the claims of nuisance and tortious interference with a prospective economic advantage, and awarded him $140,000 in undifferentiated compensatory damages. The jury also awarded $50,000 in punitive damages on the tortious interference claim. The court entered a judgment on the verdict and denied the Mullens' subsequent motion for judgment as a matter of law, for a new trial, and for remittitur. The Mullens appeal.

II. DISCUSSION

A. Abandonment

[¶ 8] The Mullens concede that Rutland's property was once benefitted by a private easement over Stephenson Lane. They contend, however, that the court's entry of a partial summary judgment was error because a genuine issue of material fact exists in the record regarding whether Rutland's easement was extinguished by abandonment.³ We review the court's grant of a summary judgment in the light most favorable to the Mullens, as the nonprevailing party, to determine if any genuine issues of material fact exist for trial. See Champagne v. Mid-Maine Med. Ctr., 1998 ME 87, ¶ 5, 711 A.2d 842, 844

. The Mullens bear the burden of making a prima facie showing of each element of abandonment in order to survive Rutland's motion for summary judgment. See id. ¶ 9, 711 A.2d at 845.

[¶ 9] To make a prima facie showing of abandonment, the Mullens must establish: "(1) a history of nonuse coupled with an act or omission evincing a clear intent to abandon, or (2) adverse possession by the servient estate." Phillips v. Gregg, 628 A.2d 151, 152 (Me.1993) (quoting Canadian Nat'l Ry. v. Sprague, 609 A.2d 1175, 1179 (Me.1992)). To prove an intent to abandon, the Mullens must show "unequivocal acts inconsistent with the further assertion of rights associated with the existence of the easement.... The acts asserted as evidence of abandonment must be decisive and conclusive and thereby indicate a clear intent to abandon the easement." Id. at 153 (quoting Sprague, 609 A.2d at 1179).

[¶ 10] An implied private easement is not abandoned by mere nonuse. Bartlett v. City of Bangor, 67 Me. 460, 466 (1878). Rather, acts adverse to the dominant estate must "indicate an intention that [the easement] shall never be used [for its intended purpose]." Id. For example, a six-year acquiescence to the erection of a garage blocking an easement is sufficient to indicate a clear intent to abandon, Bolduc v. Watson, 639 A.2d 629, 630 (Me.1994), as is acquiescence to the construction of cottages across the area, Chase v. Eastman, 563 A.2d 1099, 1102 (Me.1989). In contrast, neither the building of a fence across an easement and using it for pasturage, Bartlett, 67 Me. at 466, nor a right-of-way overgrown with trees, blocked by rocks, and inaccessible by car for many years, Phillips, 628 A.2d at 153, is sufficiently adverse to constitute abandonment.

[¶ 11] In this case, the Superior Court correctly concluded that the Mullens' statement of material facts, taken in the light most favorable to them, does not make a prima facie showing of abandonment. It establishes only that the upper portion of Stephenson Lane has not been used or maintained for a number of years and that the Mullens have blocked the mouth of the upper portion with parked cars. Although these facts do make a prima facie showing of a history of nonuse of the easement, they do not establish the second required element of abandonment: an act or omission on the part of Rutland or his predecessors evincing a clear intent to abandon the easement.⁴ Neither acquiescing to the parking of cars nor allowing the area to become overgrown with trees establishes an intent that the upper portion of Stephenson Lane never be used as a means to access Rutland's property from Route 1. See Bartlett, 67 Me. at 466; see also Phillips, 628 A.2d at 153

. Thus, the Mullens' factual allegations are insufficient to support a finding of abandonment as a matter of law. Therefore, the Superior Court did not err when it entered a summary judgment in favor of Rutland declaring the continuing existence of a private easement.

B. Sufficiency of the Evidence: Liability

[¶ 12] The Mullens next contend that insufficient evidence exists in the record to support the jury's finding of liability with regard to both the tortious interference and nuisance claims. We will not overturn a jury verdict "unless no reasonable view of the evidence could sustain the verdict ...." Merrill v. Sugarloaf Mountain Corp., 2000 ME 16, ¶ 14, 745 A.2d 378, 384 (quoting Hansen v. Sunday River Skiway Corp., 1999 ME 45, ¶ 5, 726 A.2d 220, 222). A jury's verdict is supported by sufficient evidence as long as any competent evidence exists in the record on which the jury could base its findings. State v. Bartlett, 661 A.2d 1107, 1108 (Me.1995).

1. Tortious Interference with a Prospective Economic Advantage

[¶ 13] Tortious interference with a prospective economic advantage requires a plaintiff to prove: (1) that a valid contract or prospective economic advantage existed;⁵ (2) that the defendant...