Paul v. Town of Liberty

Plaintiffs owed parcels of real estate in the Town of Liberty that were accessed by a public road. Plaintiffs unsuccessfully requested that the Town repair the road. The Town Select Board subsequently voted that the “upper portion” of the road had been abandoned and that a public easement was retained over the abounded portion. Plaintiffs filed a two-count complaint seeking relief pursuant to Me. R. Civ. P. 80B - challenging the Town’s determination that the road had been abandoned - and seeking an award of damages. Plaintiffs then moved for leave to amend their complaint seeking to change the Rule 80B action to an action for a declaratory judgment. The superior court dismissed the complaint, determining that Plaintiffs' Rule 80B complaint was untimely and that they could not recover damages. The court further denied Plaintiffs’ motion for leave to amend, concluding that a Rule 80B action, rather than a declaratory judgment action, was the proper means to challenge the Town’s decision. The Supreme Judicial Court (1) vacated the order denying Plaintiffs’ motion for leave to amend and remanded to allow the court to address the motion for leave to amend in accordance with the principles set forth in this opinion; and (2) affirmed the dismissal of the complaint. View "Paul v. Town of Liberty" on Justia Law