MARGARET LECLERQ and MARGARET LECLERQ Personal Representative of the Estate of Malcolm L. Casey Plaintiffs,
WARREN SMITH, ANGELA SMITH, SCOTT WARD, and CLAYTON TIBBETTS, Defendants.
ON PLAINTIFF'S MOTION TO RECONSIDER AND
DEFENDANTS WARREN AND ANGELA SMITH'S MOTION FOR PARTIAL
JUDGMENT ON THE PLEADINGS
MARYGAY KENNEDY JUSTICE
before the court are (1) Plaintiff's motion to
reconsider the court's order granting
Defendants Warren and Angela Smith's motion for partial
summary judgment and (2) the Smiths' motion for partial
judgment on the pleadings. Based on the following,
Plaintiff's motion is denied and the Smiths' motion
is granted in part and denied in part.
alleges that, beginning in 2012, the Smiths directed
Defendant Tibbetts to cut timber on the Smiths' property,
and the harvest encroached significantly on Plaintiff's
abutting property. Plaintiff further alleges that the Smiths
covered the harvested area with fill and had a drainage and
wetland ditch filled and graded. At the time of the
Smiths' alleged trespass, Plaintiff was the personal
representative of her father's estate, which owned the
property Plaintiff now owns. Plaintiff acquired title to the
property on January 17, 2014, almost seven months after the
Smiths conveyed their property to Defendant Ward on June 24,
filed a complaint in her individual capacity on November 18,
2015. In the complaint, Plaintiff alleged: count I, common
law trespass; count II, intentional trespass, 14 M.R.S.
§ 7552; count in, negligent trespass,
14 M.R.S. § 7552; and count IV, trespass damages, 14
M.R.S. § 7551-B.
December 7, 2016, the court granted the Smiths' motion
for partial summary judgment. In the order, the court
determined that Plaintiff had standing to pursue her claims
against the Smiths in her capacity as personal representative
of her father's estate, but not in her individual
capacity. This conclusion was based on the fact that
Plaintiff was the personal representative in 2012, and
Plaintiff had not raised a genuine issue as to whether the
Smiths continued to trespass after she acquired title 2014.
December 7, 2016 order, the court also granted
Plaintiff's motion to amend her complaint.
Plaintiff's amended complaint brings the same counts as
her original complaint, but adds Ms. LeClerc as a Plaintiff
in her capacity as personal representative.
filed her motion to reconsider on December 21, 2016. The
Smiths opposed the motion on January 11, 2017 and filed their
motion for partial judgment on the pleadings on January 17,
2017. Plaintiff opposed the motion on February 10, 2017. The
Smiths replied on February 17, 2017.
Motion to Reconsider
Standard of Review
for reconsideration of an order shall not be filed unless
required to, bring to the court's attention an error,
omission or new material that could not previously have been
presented." M.R. Civ. P. 7(b)(5). The court treats a
motion for reconsideration as a motion to alter or amend the
judgment. M.R. Civ. P. 59(e). The court does not grant a
motion to alter or amend the judgment "unless it is
reasonably clear that prejudicial error has been committed or
that substantial justice has not been done." Gates
v. Farrington, 423 A.2d 539, 541 (Me. 1980).
argues that she has standing to pursue claims against the
Smiths in her individual capacity because (1) she is entitled
to "tack" the time during which she was personal
representative with the time during which she has owned the
property, (2) trespass claims run with the land, and (3) she
has held an equitable interest in the property since her
father's death in 2011, at which time ...