Gay v. Dube
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This dispute centered around the status of Steele Road. The Fred D. Gay Revocable Trust claimed title by deed or by adverse possession to a triangular piece of property (the triangle) bordering Steele Road and to a fee interest in the road. The Dubes and Whitneys claimed title by deed to the triangle and a fee interest in the road. The Trust filed a complaint against the Dubes and Whitneys, alleging trespass and nuisance, among other claims. The Dubes and Whitneys counterclaimed. The superior court entered partial judgment finding (1) Steele Road was a public road classified as a town way that had not been abandoned by the public; (2) the Dubes and Whitneys held record title to the triangle; but (3) the Trust owned the triangle by adverse possession. It also determined that the Dube and Whitney counterclaims were moot and entered final judgment in favor of the Dubes and Whitneys on all remaining undecided claims. The Supreme Court affirmed, holding that the court did not err by (1) concluding that the road was a town way and had not been abandoned; and (2) concluding that the Trust was the triangle's current owner by adverse possession.
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