In a unanimous vote Tuesday, the Standish Town Council authorized the town’s attorney to appeal a recent decision by a Cumberland County Superior Court judge to the Maine Supreme Court.
Judge Thomas Humphrey ruled Nov. 14 that the town of Standish could not take Portland Water District land adjacent to Northeast Road Extension by prescriptive rights. The District had previously amended its original complaint, eliminating its claim of ownership of a portion of Northeast Road Extension.
Prescriptive rights and a related term, adverse possession, often referred to in the vernacular as “squatters’ rights,” allow a party who has used a property in excess of 20 years to claim title or easement to that property.
The debate over this ruling centers on whether the District, classified as a “quasi-municipal district,” can be considered a government entity, which would give them immunity from claims of prescriptive rights or adverse possession. This principle stems from old laws on the books designed to protect municipalities.
But Ken Cole, the town’s attorney, questions why the District should be considered a municipality or government entity and he considers the law itself to be outdated. The town’s appeal asks the court to examine the “gray area” that exists around this law and consider in its ruling the gradual erosion of that law in other states over the last 25 years.
Standish Town Manager Gordon Billington says the town feels confident in its position.
“The council certainly supports having the Maine Supreme Count address a narrow point of law that they have not addressed previously,” he said.
Currently, the land in question, which is near the boat launch, is used for parking. Without it, those accessing the launch for recreational activities would be forced to park on Route 35, creating a potentially dangerous situation.
Following the Maine Supreme Court’s ruling on the town’s appeal, which could take up to a year or longer, the case will return to the Cumberland County Superior Court.
According to Council Chairwoman Cindy Hopkins, the council’s decision to appeal the ruling was not difficult. She feels the land is crucial to maintain Standish’s access to Sebago Lake.
“I think that we’re very comfortable with the evidence that we have,” she said. “I don’t think any of us questions the importance of this for the town of Standish.”
The Standish Boat Launch parking lot, which provides parking space for boaters, is at the center of a legal dispute between the town and Portland Water District. The town is appealing a judge that ruled last month that the PWD owns the land surrounding the boat launch.Send questions/comments to the editors.
