Fissmer v. SmithAnnotate this Case
The Supreme Judicial Court affirmed in part and vacated in part the judgment of the superior court on a variety of claims and counterclaims concerning the use and ownership of certain property in Cape Elizabeth and declaring Cunner Lane II, LLC the owner of certain property, as shown on a 1929 subdivision plan, holding that the court correctly granted Cunner Lane II a declaratory judgment that it held record title to the property.
David Smith, Cunner Lane, LLC and Cunner Lane II, LLC (Cunner Lane II) appealed from the judgment. Cunner Lane Owners and Robert Siegel appealed from the judgment with regard to the court's determination declaring Cunner Lane II the owner of the property. The Supreme Court affirmed in part, vacated in part, and remanded the case, holding (1) the court correctly determined that Cunner Lane II held title to the property; (2) the court erred in making any determinations concerning Siegel's ownership of Brook Road and in declaring certain Cunner Lane Owners owners to the centerline of Brook Road in its entirety; and (3) any adverse possession claims will require additional litigation.