Britton v. Donnell, 2011 ME 16

Summary

The Supreme Judicial Court of Maine held that a wharf extending across the Brittons' shoreline frontage injured their riparian rights under Maine's Wharves and Weirs Act. The court vacated the judgment below, ordered removal of the portion of the wharf extending across the Brittons' frontage, and directed an award of $50 in damages plus interest and costs. The court also held that riparian rights to maintain the wharf could not be acquired through prescription or abandonment under the statute.

Holdings

1. Varrell Wharf injured or injuriously affected the Brittons' property interests because it extended across their frontage and, together with the configuration of the two wharves, limited their access to navigable waters. The offending forty-eight-foot portion had to be removed.
2. Prescription and abandonment could not establish a right to maintain Varrell Wharf in violation of the Wharves and Weirs Act.
3. For purposes of damages, the Donnells' maintenance of Varrell Wharf over the entire period relevant to the complaint constituted a single offense, warranting the statutory penalty of $50.

Questions Presented

1. Whether Varrell Wharf injured or injuriously affected the Brittons' riparian rights under Maine's Wharves and Weirs Act.
2. Whether the Donnells could maintain an offending wharf based on the Brittons' alleged loss of riparian rights through prescription or abandonment.
3. Whether maintenance of Varrell Wharf over the period relevant to the complaint constituted one offense or multiple offenses for purposes of the Act's statutory penalty.

Disposition

reversed_and_remanded