JEANNE F. GOLDING, Plaintiff
MATTHEW L. CHIPMAN, as Parent and Next Friend of SAMUEL B. CHIPMAN, and MATTHEW J. CHIPMAN, Defendants
Plaintiff-David Sherman, Esq.
Defendants-Elliott Teel, Esq.
ORDER ON PLAINTIFF'S MOTION FOR SUMMARY
the court is plaintiff Jeanne Golding's motion for
summary judgment. For the following reasons, the motion is
granted on count I of plaintiff's amended
Jeanne Gotding is a resident of North Yarmouth, Maine and
owns real property in North Yarmouth and Pownal, Maine.
(Supp.'g S.M.F. ¶¶ 1-2.) Defendants Matthew J.
Chipman and Samuel Chipman own property in Pownal, Maine that
abuts plaintiff's property. (Supp.'g S.MF.¶5
3-4.) Plaintiff and defendants dispute the boundary between
their properties and the ownership of 15 acres of land.
(Supp.'g S.M.F. ¶¶¶ 8-9.)
Wood, a licensed land surveyor, prepared a survey of
plaintiff and defendants' properties. (Supp.'g S.M.F.
¶¶ 5-6.) Mr. Wood reviewed the deeds for both
plaintiff and defendants' properties, related subdivision
plans, and visited the site in person. (Supp.'g S.M.F.
¶ 7.) Mr. Wood determined that the boundary line between
plaintiff and defendants' properties was located south of
the disputed 15 acres and that plaintiff owned the disputed
land. (Supp.'g S.M.F. ¶¶ 10-12.)
has designated Mr. Wood as her expert witness to testify as
to the boundary location. (Supp.'g S.M.F. ¶ 13.)
Defendants have not designated an expert to testify as to the
boundary location. (Supp.'g S.M.F. ¶¶ 15-16.)
The discovery deadline was September 7, 2018.
amended complaint filed against defendants on June 1, 2018,
plaintiff alleges two causes of action: count I, declaratory
judgment and count II, injunctive relief. Defendants filed an
answer to the amended complaint on July 10, 2018. Plaintiff
filed a motion for summary judgment on December 26, 2018.
Defendants filed an opposition on January 14, 2019. Plaintiff
filed a reply on February 27, 2019.
Standard of Review
judgment is granted to a moving party where "there is no
genuine issue as to any material fact" and the moving
party "is entitled to judgment as a matter of law."
M.R. Civ. P. 56(c). "A material fact is one that can
affect the outcome of the case, and there is a genuine issue
when there is sufficient evidence for a fact-finder to choose
between competing versions of the fact." Lougee
Conservancy v. CityMortgage. Inc., 2012 ME 103, ¶
11, 48 A.3d 774 (quotation omitted). "Facts contained in
a supporting or opposing statement of material facts, if
supported by record citations as required by this rule, shall
be deemed admitted unless properly controverted." M.R.
Civ. P. 56(h)(4). In order to controvert an opposing
party's factual statement, a party must "support
each denial or qualification by a record citation." M.R.
Civ. P. 56(h)(2).
Genuine Issues ...