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Palmer v. Gill

Superior Court of Maine, Cumberland

January 7, 2014

MICHAEL PALMER, LORI PALMER and MARY ANN BRADSTREET, Plaintiffs
v.
RANJIT S. GILL, GURDARSHAN GILL, PALMER POINT ROAD ASSOCIATION and CROTCHED MOUNTAIN FOUNDATION, Defendants BRENDA F. SKILLIN and JOHN W. SKILLIN, Plaintiffs
v.
LORI PALMER and MICHAEL PALMER, Defendants

STIPULATED JUDGMENT AS TO COUNT III OF MICHAEL PALMER, LORI PALMER AND MARY ANN BRADSTREET'S FIRST AMENDED COMPLAINT AND COUNTS I AND II OF RANJIT S. GILL AND GURDARSHAN GILL'S COUNTERCLAIM

Joyce Wheeler, Maine Superior Court Justice.

On October 15, 2013, Plaintiffs Michael Palmer, Lori Palmer and Mary Ann Bradstreet and Defendants Ranjit S. Gill, Gurdarshan Gill and the Palmer Point Road Association, by and through their undersigned attorneys, stipulated to the entry of a Judgment[1] on Count III of the Plaintiffs' First Amended Complaint and on Counts I and II of Defendants' Counterclaim.

1. On or about January 13, 2012, Plaintiffs Michael Palmer, Lori Palmer and Mary Ann Bradstreet commenced this action against Defendants Ranjit S. Gill, Gurdarshan Gill, the Palmer Point Road Association and the Crotched Mountain Foundation.

2. Attorney David S. Sherman, Jr. represents Plaintiffs Michael Palmer, Lori Palmer and Mary Ann Bradstreet (collectively, " Plaintiffs"). Attorney Jonathan M. Davis represents Defendants Ranjit S. Gill, Gurdarshan Gill and the Palmer Point Road Association (collectively, " Defendants"). Although the Crotched Mountain Foundation has been served, it has not entered an appearance in this action.

3. Pursuant to 14 M.R.S. § 2401(3), the Court finds that the below-named parties were served in accordance with the applicable provisions of the Maine Rules of Civil Procedure:

Name/Address of Party

Counsel of Record

Method/Date of Service

Plaintiffs

Michael Palmer

David S. Sherman, Jr.

n/a

110 Libby Road

Drummond Woodsum

Pownal, ME 04069

84 Marginal Way

Portland, ME 04101

Lori Palmer

David S. Sherman, Jr.

n/a

110 Libby Road

Pownal, ME 04069

Mary Ann Bradstreet

David S. Sherman, Jr.

n/a

91 North Main Street

East Longmeadow, MA 01028

Defendants

Ranjit S. Gill

Jonathan M. Davis

Personally served on

3 Palmer Point Road

Powers & French, P.A.

January 19, 2012

Freeport, ME 04032

209 Main Street

Freeport, ME 04032

Gurdarshan Gill

Jonathan M. Davis

Personally served on

3 Palmer Point Road

January 19, 2012

Freeport, ME 04032

Palmer Point Road Association

Jonathan M. Davis

Personally served on

c/o Ranjit S. Gill

January 19, 2012

3 Palmer Point Road

Freeport, ME 04032

4. This Stipulated Judgment affects title to two parcels of real estate as follows:

a. Real property owned by Plaintiffs Michael Palmer and Lori Palmer (the " Palmers") located at 8 Palmer Point Road in Freeport, Maine, as described in a deed dated November 28, 2005 and recorded in the Cumberland County Registry of Deeds (the " Registry") in Book 23462, Page 2 (the " Palmer Property").
b. Real property owned by Defendants Ranjit S. Gill and Gurdarshan Gill (the " Gills") located at 3 Palmer Point Road in Freeport, as described in a deed dated July 11, 2003 and recorded in the Registry in Book 19794, Page 314 (the " Gill Property").

5. In Count III of the Plaintiffs' First Amended Complaint, the Palmers assert that the Gills do not have the right to cross a driveway located in the northerly portion of the Palmer Property (the " Rear Driveway").

6. The Rear Driveway is depicted in a 2008 survey and is referred to as the " Apparent Right of Way" in the excerpt from the 2008 survey below:

7, As set forth in the above survey excerpt, the northern boundary of the Palmer Property, which abuts the Gill Property, is 71.96 feet in length with a bearing of N 84° 42'05" W (the " Palmer Northern Boundary").

8. In Counts I and II of Defendants' Counterclaim, the Gills assert that they have a right to use the Rear Driveway and to traverse the Palmer Northern Boundary to access the Gill Property.

WHEREFORE, the Court hereby orders as follows:

A. Judgment is entered in favor of Defendants Ranjit S. Gill and Gurdarshan Gill against Plaintiffs Michael Palmer and Lori Palmer on Count III of Plaintiffs' First Amended Complaint and on Counts I and II of Defendant Ranjit S. Gill and Gurdarshan Gill's First Amended Counterclaim.

B. Defendants Ranjit S. Gill, Gurdarshan Gill and the Palmer Point Road Association and their heirs and successors have the right to use the Rear Driveway, as described in Plaintiffs' First Amended Complaint and in paragraph 6 above and any land between the Rear Driveway and the southerly line of the Gill Property, for pedestrian and vehicular access for the benefit of the Gill Property.

C. This Judgment shall be binding upon Plaintiffs Michael Palmer and Lori Palmer and their heirs, successors and assigns.

D. Defendants shall record this Judgment in the Cumberland County Registry of Deeds.

E. The Clerk shall enter this Stipulated Judgment on the docket by reference at the specific direction of the court pursuant to M.R.Civ.P. 79(a).


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