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Rutland v. Mullen

798 A.2d 1104 (2002)

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Rutland v. Mullen

Maine Supreme Judicial Court
798 A.2d 1104 (2002)

RW

Facts

At one time, the owner of a large parcel of land acquired an implied right-of-way over a road that traversed a smaller adjacent parcel. John and Brenda Mullen (defendants) bought the smaller parcel in 1971 and immediately converted the old road into a parking lot. In 1997, James Rutland (plaintiff) bought the larger parcel. Rutland wanted to use the road for access to the residential subdivision he planned to develop on his parcel. However, by then the road had almost disappeared, and it was no longer suitable for motor-vehicle traffic. Rutland sued the Mullens for interfering with his business plans. The Mullens’ defense was that the right-of-way had terminated by abandonment. The trial court ruled for Rutland. The Mullens appealed to the Maine Supreme Judicial Court.

Rule of Law

Issue

Holding and Reasoning (Saufley, C.J.)

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