Brigham V. Hardy
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SUPERIOR COURT CIVIL ACTION DOCKET SO. CV-14-145 STATE OF MAmE YORK, ss. PAf-10f\-IH'S--I't JOH)\; BRIGHAM, et al., Plaintiffs ORDER JEAN M. HARDY, et al., Defendi!Ilts John Bngham and other ovmers of real estate abutting Littlebrook Li!Ile in Eliot brought suit agamst Jean M. Hardy, Sweet Peas, LLC, i!Ild the Town of Eliot seeking a declaratory JUdgment that \1s. Hardy and Sweet Peas must maintain Littlebrook Lane i!IId improve it to fully meet all town road Sli!ndi!rds. The complaint also sought an order requiring the Town to take all necessary enforcement measures. This dispute requires the interpretation of a 1977 referee's report from then ret1red Maine Supreme JudiC!al Court Justtce Donald Court case CV-75-380, Bn"glwm D. Kruminski. ~Vebber in York County Superior That report, which effectuated a settlement, was approved by then justice Lincoln Spencer. The settlement and di~put~ current defendi!Ilt Jei!Il Hardy. time. in 1977 involved John Hardy, who later married the The defendi!Ilt Sweet Peas was not in existence at that :1\fr. Hardy later conveyed his interest to hunself and his ·wife as joint tenants. After his death title was conveyed to Sweet Peas. The Inhabitants of the Town of Ehot had filed a motion to dismiss. plaint1ffs have voluntanly d1smissed their claims against the Town. The Defendants Hardy and Sweet Peas have filed a motion for JUdgment on the pleadings, which has been brief and argued. The key paragraph in the 1977 report and judgment is paragraph 7, which "Hardy ~hall maintain the roadway in good condition until such time as the roadway is conveyed to the Town of Eliot. other parties." Maintenance includes plm'-ing at no expense to the \1r. Hardy is now long deceased and the roadway has not yet been conveyed to the Town. The question is whether the obligations in paragraph 7 were personal to ]\,fr. Hardy, or also bind his successors. personally 15 state~, Any suit agamst .\1r. Hardy now far too late. The 1977 order does not directly bind Ms. Hardy or Sy,eet Pei!s i!S neither of them were parties to that case. Paragraph 7 refers only to John Hardy and makes no direct mention of Jean Hardy or Sweet Peas, or no indirect reference to them as he1rs, sucressors or ass1gns. There are also a number of deeds from 11-lr. Hardy, which use the language of paragraph 7. Those deeds bound Littlebrook Air Pur.k as grantors. deeds as grantors. ]l,.fr_ Hardy, and sometimes Nancy Hardy and :'\either Jean Hardy nor Sweet P<>as signed any of the Kothing in the deeds rders to binding the heirs, successor<; or assigns of the grantors. The deed language indicates that a granted right of way should "run y,ith the land," but no such language accompanies the road maintenance and improvement provisions. !he original parties could not have intended that 37 years later the road would still be a private road. Presumably Mr. Hi!rdy was to maintain the road for a relatively brief period, he was to make the necessary improvements and the road was to become a 2 town road. He may huve breached, or ut least deferred, those obligatwns. force compliance had to be brought <ogainst him. A. suit to It is now to lute to do so. I he entries are: rhe lnhab1t~nb of the Town of Eliot's :\fotion to Dismiss is disrnrssed as moot. The complaint uguinst the Inhabitants of the Town of Eliot is dismissed without pr<'judice and without costs. The joint motion of defendants Jean !Iardy and Sweet Peas, l.l.C for Judgment on the pleadings is granted. Judgment for the defendants Jean Hardy and Swe"'t Peas, LLC, without costs or attorney's fees. Dated: December 8, 2014 c?L-1'" "=-) Paul A. Fritzsche Justice, Superior Court 3 i- CV-14-145 AJTORNFY FOR PLAINTIFFSJAM"ES l'."ADEAU NADEAU PROFESSIONAL OFFICES 507 STATE STREET PORTSMOTHNH 03801 ATTORNEYS FOR DEFEl'.TIA.-"HS· GENE LIBBY TYLERS.MITH LiBBY O'BRlE-"1 KINGSLEY & CHAMPIONLLC 62 PORTLAND ROAD LNIT 17 KEl'.l\"EBUNK M.13 04043
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