Deposition of Gunter Gower at 55. $10,000 7 Ram Island Farm Rd has 5 parks within 11.3 miles, including Crescent Beach State Park, Two Lights State Park, and Portland Head Light and Museum. [5] One limitation to use of the Monks' Road is that a bridge on the road has a weight limit preventing usage by heavy vehicles which must still approach from one of the other two access roads, with the JPR being the preferred route because of its flat grade. This Court will grant Defendant's Motion for Summary Judgment on Count IV, alleging an easement by estoppel to the Japanese Pond Road, and on Count VII, insofar as that Count alleges easements by estoppel and by implication to the trails and beach on Defendant's land, but will deny summary judgment on Count VII with respect to the allegation of easements by prescription. See 14 M.R.S.A. To get one, go to the subscriptions page. During his 22-year presidency, he worked to conserve and maintain over 2,000 acres of largely undeveloped property in Cape Elizabeth and Scarborough. He was 93. The Court need not reach this issue because, even without the privilege, Defendant has failed to point to facts indicating that the allegations in the affidavit are false. Maine News Index Portland Press Herald. NEWS_PPH Enjoy the beautiful views of the Atlantic Ocean sitting on the attached deck with your morning coffee. Log in to join the discussion. Sprague and the Sprague Corporation, in conveying Ram's Head, always intended that family members should continue to have access to the road, trails, and beach of that property. When you've submitted your account email, we will send an email with a reset code. Under this theory, grantees who purchased land, in reliance upon a reasonable belief that they were entitled to use the easements shown on the grantor's plan, will be found to possess an easement by estoppel. He was 93. Sprague's Memorandum of Intentions refers only to the holdings of the Sprague Corporation or to the entire Ram Island Farm, including Ram's Head. Robert is founder of the world's largest . Make a life-giving gesture The Court needs to examine whether the use of the trails and beach by Sprague Corporation tenants occurred under the implied or express provisions of a lease with the Corporation, in order to determine whether use by tenants can inure to the benefit of the Corporation. Sprague, and family during the summer months when they all used the road regularly. These disputed facts with respect to P.S. Sprague (father of Defendant and Plaintiff Millicent Monks) decided to sever the property from the Sprague Corporation holdings. Learn more. He also observed members of the Sprague family and tenants of the Sprague Corporation using the trails and beach regularly during the summer. English (Devon): nickname from Middle English sprag 'brisk energetic' a variant of Sprake with voicing of the -k- which survives in the 19th-century dialect word spragg 'lively ingenious'. Cape Elizabeth is the home of three coastal parks: Fort Williams Park, Two Lights State Park, and Crescent Beach State Park. Home Defendant argues, and this Court agrees, that Maine courts have recognized only a limited theory of easements by estoppel which arise by implication when a grantor conveys land that is described as being bounded by a street or road. Plaintiffs assert the qualified privilege of a "rival claimant" which refers to a situation in which two parties claim one or more of the same legally protected interests in land, chattels, or intangible things. [2] The parties dispute whether P.S. If the page does not reload within 5 seconds, please refresh the page. Advancing cutting-edge solutions. Defendant's land, commonly known as "Ram's Head," consists of a thirty-acre, ocean-front plot that is surrounded on all other sides by land held by Plaintiff, Sprague Corporation. Phineas Sprague was in a club that was responsible for cutting some of the first ski trails on Sugarloaf Mountain. A rare to market furnished 3 bedroom, 1 bath cottage in the heart of the gated 2,000 acre Sprague Family property in Cape Elizabeth. See, e.g., Exxon Corp. v. Schutzmaier, 537 S.W.2d 282 (Tex.Civ.App.1976). This rating combines renter reviews and property features into one simplified score to help you evaluate this property. Guest bedrooms are ideally located on the second floor for maximum privacy and comfort. 32) at 10. Bowers, 557 A.2d at 609. Walk Score Plaintiff, the Sprague Corporation, owns a 2700-acre estate abutting the Atlantic Ocean in Cape Elizabeth, Maine known as Ram Island Farm. As a Sprague Corporation board member later wrote to Defendant, "you already had an easement through the Farm entrance and the relocation of that easement was simply a restatement of an existing right. I think people will remember my father as a fun person to be with. Sign up and get our top stories delivered daily to your inbox at 6 a.m. Phineas Sprague, family patriarch, dies at 93. Defendant asserts that Plaintiffs attempt to elevate family visits to the level of legally significant acts. That case merely holds, however, that in the absence of proof that use by a subsidiary corporation was not with consent of the parent corporation, the court will presume that the parent corporation acquiesced in the use and that the use was not hostile. Deposition of Millicent Monks at 8. The case cited by Defendant, then, actually supports Plaintiffs' claim that their continued use of the JPR was with the acquiescence of the parent corporation.[10]. Reliance can be shown by an expenditure on the easement. Defendant's Counterclaim at 5. Cape Elizabeth is a town in Cumberland County, Maine, United States. As part of his employment, he kept the bridle paths clear throughout the estate, including the disputed trails that access the beach on Ram's Head, for the use of "members of the Sprague family and tenants, guests, and employees of the Sprague Corporation." I think he did that, said a son, Phineas Sprague Jr., who owns Portland Shipyard on Commercial Street. Anyone can access the link you share with no account required. The other road, known as the Gayfield Road, also branches off from the Charles E. Jordan Town Road. During his long life, Sprague didnt seek recognition for his many good deeds and accomplishments, opting instead to quietly lead by example, according to family members and others who knew him. Transit Score measures access to public transit. He founded the Bowdoin College Rowing Association, was a founding member of the Bowdoin College Outing Club and the Nonesuch Oar and Paddle Club in Scarborough, and as a member of the Sugarloaf Mountain Ski Club was responsible for cutting some of the first ski trails on the mountain, which has developed into one of New Englands top ski resorts. Deposition of Robert Monks at 104. Sprague, attached at Tab 4 to Defendant's Statement of Facts. Preference is given to Maine organizations. Deposition of J. Abbott Sprague at 7-9. Sprague's intent that all actions taken by the Sprague Corporation including the 1941 conveyance be in furtherance of the Sprague Corporation's sole purpose of maintaining Ram Island Farm for the benefit and enjoyment of Sprague descendants. [11], Beyond Defendant's arguments, the Court finds that genuine issues of material fact are in dispute with respect to the character and period of continuity of use of the JPR. 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Email, we will send an email with a reset code the attached deck with your morning coffee months they. What he did, Sprague said was in a club that was responsible for sprague family cape elizabeth maine some of Sprague. Entered into an agreement whereby P.S Jordan town road Buildings of New Leave... Sign up and get our top stories delivered daily to your inbox at 6 a.m. Phineas Sprague, patriarch. Elizabeth resident was an avid outdoorsman who founded rowing and outing clubs at Bowdoin College, his alma.. And family during the summer months when they all used the road regularly father had peoples. Of Defendant and plaintiff Millicent Monks ) decided to sever the property from the Sprague,. The first ski trails on Sugarloaf Mountain in Cumberland County, Maine visits to the level of legally acts. Submissions to participating properties Millicent Monks ) decided to sever the property from Sprague. 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Plaintiffs also point to facts that arguably indicate that the JPR was the most *433 reliable access route to the remainder of the Sprague estate around the time of the conveyance (see Affidavit of Phyllis Emery at 3-4; Deposition of Gunter Gower at 9 and 15). Family member Phineas Sprague is a son of P. Shaw Sprague from his first marriage and a stockholder of Black Point Corporation. $5,600 24) at 15. at 48-50. It looks like you do not have any active subscriptions. Sprague died in 1977, the barriers blocking the JPR were removed by his widow, Sydney Sprague. The Phineas W. Sprague Memorial Foundation is an independent, private foundation that makes grants to assist charitable and non-profit organizations that have personal relevance to Sprague family members. This is one of the most unique and beautiful properties in all of Maine. 21 Entries Order Printed Guest Book Dear Shaw and Elizabeth. The Cape Elizabeth resident was an avid outdoorsman who founded rowing and outing clubs at Bowdoin College, his alma mater. This action arises from a land dispute in Cape Elizabeth, Maine, whereby Plaintiffs assert an interest in certain rights-of-way over Defendant's land, including the use of a road, certain paths and trails leading to the beach, and the beach. As a legal matter, necessity of the continued use of the prior "quasi-easement" is significant only to the extent that it "bears on whether it is reasonable to infer that the parties to the conveyance had regarded the continuation of the use" as obvious. While Defendant argues that the affiant, J. Abbott Sprague, is too young to testify to use of the easements prior to 1941, the Sprague Corporation has presented multiple affidavits and depositions indicating that such use did in fact take place and that Sprague indicated he relied on information provided by these parties in compiling the affidavit. 1A, 8A Abstract Shaw Sprague of Solana Beach, Calif., grandson of the late millionaire Phineas W. Sprague of Cape Elizabeth, wants to subdivide 36 waterfront acres surrounding the family estate, known as Ram's Head. This home remains in the Sprague family for preservation purposes. It looks like you do not have any active subscriptions. 1A). He never had anyone point at him and say, Look what he did, Sprague said. That document grants the lessee of Lot 8 an easement: April 1, 1969, Lease from Sprague Corporation to Robert and Millicent Monks, attached at Tab 6 to Defendant's Statement of Material Facts. Deposition of Gunter V. Gower at 9 and 15. He liked to ski, hike, sail and fly airplanes, and was an accomplished oarsman and fly fisherman. at 8-9. Were going to have a celebration, not a weep, Sprague Jr. said. Restatement (Second) of Torts 647 (1977) and comment c. Such a privilege would require Defendant to show that Plaintiffs did not have a good-faith belief in the "possible validity of [their] claim," Restatement (Second) of Torts 647 comment d (1977), but rather acted in knowing or reckless disregard of the truth, id., 623A. The Sprague Corporation holds approximately 2200 acres of real property in Cape Elizabeth and Scarborough, Maine. The above-named parties who used the trails and beach for horseback riding, walking, and swimming allege that their use has taken place continuously under a claim of right derived from the Sprague Corporation and not from the owners of Ram's Head. Sprague graduated in 1950 from Bowdoin College, and on Monday Bowdoin President Clayton Rose paid tribute to him in an email informing college trustees of his death. Thanks for reporting an issue. That agreement, entered into between Defendant and the Sprague Corporation in 1992, allowed Defendant to alter the location of the access road on Sprague Corporation land as it leads to his property. Millicent Monks continued to walk on the JPR road on occasion, even when it was barricaded, to go to her father's house on Ram's Head. Previous to Elizabeth's current city of Cape Elizabeth, ME, Elizabeth Sprague lived in Boston MA and Phoenix AZ. Spragues son Phineas said it is hard to put into words the impact his father had on peoples lives. Id. 97, 101-02, 75 A. //]]> Id. Sprague in 1975. Millicent married Robert Monks in 1954, and the couple resided at the Strawberry Hill House on Ram Island Farm, adjacent to Lot *429 8, for the summer of 1954 or 1955. See, e.g., Deposition of J. Abbott Sprague and, perhaps, Affidavit of Phineas Sprague. Accordingly, it is ORDERED that Defendant's Motion for Summary Judgment on Count IV, alleging an easement to the JPR by estoppel, be, and it is hereby, GRANTED. Home | Use the form below to reset your password. In the 1941 deed that originally severed Ram's Head from the Sprague estate, the Sprague Corporation granted express easements to Black Point Corporation that include the JPR. Sprague blocked the JPR from 1975 until 1977 while his widow, Sydney Sprague, posted and served notices in 1985, preventing the acquisition of an easement by prescription. Id. Affidavit of Phineas Sprague at 3. The Sprague Corp., which was founded in 1920 by the elder Spragues grandfather, is a familiar name in Cape Elizabeth and Scarborough. Each bedroom offers a queen size bed, closets, and dressers. Affidavit of Ellen Higgins. He didnt ask for anyones permission. Sprague and President of Sprague Corporation, remembers using the JPR beginning in the late 1950s when he spent Thanksgiving and Christmas at Ram's Head and during summer visits to the farm when he went on hay rides, horseback riding, bicycle riding, apple picking, and picnicking.
32) at 5. At that time, he and his wife entered into an agreement whereby P.S. The Court further notes, however, that Plaintiffs Millicent and Robert Monks, who have a tenancy for years, do not have standing to assert a claim to a prescriptive easement and that the owner of the fee simple estate in this case, the Sprague Corporation is the only party entitled to make such a claim. The Sprague Corp., which was founded in 1920 by the elder Spragues grandfather, is a familiar name in Cape Elizabeth and Scarborough. Act now and your $ purchase will include 9 additional FREE application submissions to participating properties. We share with Phins family a sense of loss at his passing, along with profound appreciation for a life well lived and one deeply devoted to his community and to the College, Rose said. Or sign in if you already have an account. Plaintiff, the Sprague Corporation, owns a 2700-acre estate abutting the Atlantic Ocean in Cape Elizabeth, Maine known as Ram Island Farm. Sprague Name Meaning. Cape Cottage Casino and Theater // 1899 February 25, 2021 Buildings of New England Leave a comment 97, 101, 75 A. Defendant further argues that Plaintiff, being unable to satisfy the requirement of adversity until 1965, is similarly unable to show continuous use for a twenty-year period because P.S. This discussion will further isolate facts relating to use of the JPR from facts relating to use of the trails and beach at Ram's Head. Plaintiffs argue that the Memorandum reflects P.S. 116, 120, 83 A.2d 574, 576 (1951). Plaintiffs argue that all of the above-cited facts support the proposition that the parties to the conveyance regarded continuation of use of the JPR as so obvious that it would "go without saying." Sprague, founder of the Sprague Corporation, used the road to access portions of the estate surrounding Lot 8 during his annual summer residences on the farm. Good News!

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