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812; Defendant's Memorandum in Support of Motion for Summary Judgement (Docket No. Cape Elizabeth, Cumberland, Maine: Death: St Stephen, New Brunswick, Canada Immediate Family: Plaintiffs argue that the Memorandum reflects P.S. Defendant's property, "Ram's Head," was originally part of the Sprague Corporation estate until 1941 when P.S. See Defendant's Statement Controverting Plaintiffs' Statement of Uncontroverted Material Facts (Docket No. At least one other road existed which provided access to the area surrounding Lot 8 when the Monks signed the 1969 lease with the Sprague Corporation. Millicent married Robert Monks in 1954, and the couple resided at the Strawberry Hill House on Ram Island Farm, adjacent to Lot *429 8, for the summer of 1954 or 1955. On all other counts, it is ORDERED that Defendant's and Plaintiffs' Motions for Summary Judgment be, and they are hereby, DENIED. The Court also needs to determine the frequency with which the trails and beach were used by employees, family members, and tenants, and at what point in time such uses, particularly by family *437 members, became adverse to the claim of right of the Ram's Head owner. Although Gower states that he never patrolled the beach during this time, he would occasionally be in a position to observe who was using it. Grant requests are sent via sponsoring family members and the trustees determine the final awards in the 4thquarter of each year. He later remarried and had a second family, including a son, Defendant Shaw Sprague. Please wait for the page to reload. Plaintiffs also point to facts that arguably indicate that the JPR was the most *433 reliable access route to the remainder of the Sprague estate around the time of the conveyance (see Affidavit of Phyllis Emery at 3-4; Deposition of Gunter Gower at 9 and 15). Facts are in dispute with respect to whether the Monks had a lease prior to 1969 or whether there are additional facts supporting some other relationship that would allow Plaintiffs to tack the time and nature of their usage of the easement onto that of the Sprague Corporation. Plaintiffs have moved for summary judgment on Defendant's Counterclaim, alleging that the Sprague Corporation recorded an affidavit in the Cumberland County Registry of Deeds regarding its claimed easements in the Ram's Head property for the purpose of slandering, libeling, and defaming Defendant's title. Inside, you will find magnificent natural light, sweeping ocean views, hardwood floors throughout, granite countertops, gourmet kitchen with a private breakfast nook, walk in shower, and a flat screen television. MNI He was loves the sea and considers himself a sailor. Built in 1889, this interesting structure is located away from the rocky coastline of Cape Elizabeth, a lasting remnant of the agricultural history of the town. at 52-56. Mainestream Wellness was created by Dr. Shaw Sprague. Affidavit of Robert Williamson (Docket No. What Are Walk Score, Transit Score, and Bike Score Ratings? Defendant has moved for summary judgment on Count V, alleging that Plaintiffs have acquired an easement by prescription to the JPR where it crosses into and out of Defendant's land. See, Plaintiff Sprague Corporation's Answers to Interrogatories at 4 (indicating that the "corporate purpose of such use of the Japanese Pond Road has been to own, control and use the property in a manner consistent with the original intentions of P. Shaw Sprague and P.W. She states that she has also used the road regularly for walking, horseback riding, visiting sisters, going to the beach for picnics held by her father, and going to Sprague Corporation offices. Millicent Monks also states that she always felt welcome at her father's house. The portion of the access road in dispute is referred to by the parties as the Japanese Pond Road ("JPR"). He founded the Bowdoin College Rowing Association, was a founding member of the Bowdoin College Outing Club and the Nonesuch Oar and Paddle Club in Scarborough, and as a member of the Sugarloaf Mountain Ski Club was responsible for cutting some of the first ski trails on the mountain, which has developed into one of New Englands top ski resorts. Known to his friends as Phin, Sprague was an avid sportsman. The commission is associated with Carol A. Wilson, and Carol A. Wilson, Architect. He leaves an enduring legacy of family and service to the College and to the communities in which he lived. denied, 489 U.S. 1018, 109 S. Ct. 1135, 103 L. Ed. Deposition of Millicent Monks at 37. This argument is unavailing given Le May v. Anderson,397 A.2d 984, 987 (Me.1979), and Robinson v. Maine C. R. Co.,623 A.2d 626, 627 (Me. With miles of hiking and biking trails, private tennis court, gardens, there is so much to explore on parts of the property open to guests. Sign in or Subscribe They, along with the Sprague Corporation, assert easement rights to a portion of an access road that runs from the Charles E. Jordan Road a public road traversing the Sprague Corporation estate north of Defendant's land and connects with various other roads, accessing parts of Ram Island Farm lying to the south and the east. NEWS_PPH This discussion will further isolate facts relating to use of the JPR from facts relating to use of the trails and beach at Ram's Head. 24) at 4-5; Notice to prevent Acquisition of a Right of Way (August 19, 1985), attached at Tab 12 to Defendant's Statement of Material Facts. Finding no genuine issue of material fact in dispute, this Court will grant Defendant's Motion on Count IV as a matter of law because Plaintiffs fail to point to sufficient facts to support their claim. His trip, which began in 1973 was a seminal moment. Sprague Corporation tenant Ellen Higgins states that she has walked along the trails accessing the beach at Ram's Head and used the beach since she first began renting the Copeland Cottage in 1963 up to the present time. 142 likes. Once the road was blocked, Millicent Monks and her husband began using the Gayfield road to access their property. Under Maine law, an easement by prescription is established if a party can show: Jost v. Resta,536 A.2d 1113, 1114 (Me.1988) (quoting Dartnell v. Bidwell, 115 Me. [2] // HowLoud. $3,000 Already have a commenting profile? Plaintiffs specifically state that they viewed their use of the road as stemming from an entitlement to use all of Ram's Island Farm as Sprague family descendants; an entitlement that was independent of any claim of right to use Ram's Head property based on ownership of the property by Millicent Monks' father, P.S. 382 (1909); Arnold v. Boulay, 147 Me. He was 93. Affidavit of Phineas Sprague at 3. at 8. To get one, go to the subscriptions page. The Sprague Corp., which was founded in 1920 by the elder Spragues grandfather, is a familiar name in Cape Elizabeth and Scarborough. Find the obituary of Elizabeth C. Sprague (2023) from Savannah, GA. Leave your condolences to the family on this memorial page or send flowers to show you care. Plaintiff Sprague Corporation's Answers to Interrogatories at 8; Plaintiffs Monks' Answers to Interrogatories at 14 and attached map. Another affidavit submitted by employee Phyllis Emery indicates that the beach and trails at Ram's Head exist in substantially the same location today as they were in 1932. Le May, 397 A.2d at 987-88. Phineas Sprague, family patriarch, dies at 93, At $10 million, one of the priciest homes in Maine history goes to former SEC chair, Seven players, coach removed from Gorham High boys lacrosse team, Trucks brakes locked up before driver hit teen in Gray, report says, Lawmakers recommend replacing popular senior property tax program, Fire at Portland apartment leaves residents homeless. As a threshold matter, this Court notes that evidence regarding use of the JPR by Sprague Corporation shareholders and employees may, as a legal matter, be viewed as inuring to the benefit of the Sprague Corporation. Defendant also ignores testimony by Plaintiffs Monks, other family members, and the Sprague Corporation who used the JPR regularly to access summer cottages and riding trails. Sprague (Plaintiff Millicent Monks' and Defendant's grandfather) using the road daily to drive around Ram Island Farm during the summer months. Defendant, on the other hand, notes that P.S. In 1965, he undertook a large reorganization of his assets, divesting himself of all corporate holdings in Black Point Corporation. See also Fischer v. Bar Harbor Banking & Trust Co.,673 F. Supp. Anyone can access the link you share with no account required. 04072, 4 Br Defendant's land, commonly known as "Ram's Head," consists of a thirty-acre, ocean-front plot that is surrounded on all other sides by land held by Plaintiff, Sprague Corporation. They have been living on Lot 8, at what was formerly designated as the Richmond house, but at what the parties now call the Monks' house, during summers and weekends up to the present. Library for a copy of the article and had a second family, including a son, Defendant Shaw.... ) ; Arnold v. Boulay, 147 Me Fort Williams Park, Two Lights Park... 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