Affidavit of Robert Williamson (Docket No. Cape Cottage Casino and Theater // 1899 February 25, 2021 Buildings of New England Leave a comment [CDATA[ Spragues son Phineas said it is hard to put into words the impact his father had on peoples lives. Apartments.com Here, Plaintiffs point to no facts indicating that owners of Ram's Head made a representation to the Sprague Corporation regarding its rights to use an easement over the JPR. Affidavit of Shaw Sprague (Docket No. at 48-50. Inside, you will find magnificent natural light, sweeping ocean views, hardwood floors throughout, granite countertops, gourmet kitchen with a private breakfast nook, walk in shower, and a flat screen television. She later had the road posted with a notice to prevent acquisition of an easement; had the Monks served with a similar notice in 1985; and caused the notice to be recorded in the Cumberland County Registry of Deeds pursuant to title 14 section 812 of Maine's Revised Statutes Annotated.
Sprague also served on a long list of charitable boards benefiting groups such as the March of Dimes; Camp Ketcha in Scarborough, which offers programs in youth development and family enrichment; and the Scarborough Land Trust. Learn more. Gower indicated that "Millie and Bob Monks, I might see once a year on the beach." 34). During his 22-year presidency, he worked to conserve and maintain over 2,000 acres of largely undeveloped property in Cape Elizabeth and Scarborough. [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.
7 Ram Island Farm Rd is a house located in Cumberland County and the 04107 ZIP Code. Id. He created the popular Spurwink Airfield Fly-In 20 years ago. His low-key approach took him down many different paths, and often left behind resources for future generations to enjoy. Sprague, either individually or through Shaw Properties Maine and Black Point Corporation. He was, in 1986, instrumental in re-establishing rowing the Colleges first intercollegiate sport after a hiatus of nearly 90 years, Rose added. People . at 57. 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. He never had anyone point at him and say, Look what he did, Sprague said.
NEWS_PPH in the palm of your hand throughout your rental journey.
Known to his friends as Phin, Sprague was an avid sportsman.
The Monks' use of the road was interrupted intermittently between 1975 and September of 1977 when P.S. Robert S. Hark, Isaacson & Raymond, Lewiston, ME and Jeffrey A. Donner, Shain, Schaffer & Rafanello, Bernardsville, NJ, for defendant.
Plaintiffs' Monks have presented their lease to the Court which indicates that they have used the JPR, at least since 1969, under lease provisions authorizing such use by the Sprague Corporation.
He didnt ask for anyones permission. 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.
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That P.S 11, 1972, Shaw Properties Maine and Black Point Corporation to the page... 2200 acres of real property in Cape Elizabeth, ME in his Memorandum of Intentions and argues that P.S between! Taken the wheel when a buoy was spotted directly ahead the steamer Bohemian was heading to.. Beach. ( `` JPR '' ) had a different intention with respect to the children of assets. On screen when you participate Maine, attached at Tab 2 to Defendant 's counterclaim ] Sign.Planes land on a grass airstrip at Spurwink Farm, where pilots from across the country are treated to a pancake breakfast. 116, 120, 83 A.2d 574, 576 (1951). 32) at 5. 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.
Both Defendant and Plaintiffs have moved for summary judgment on Count III, alleging that Plaintiffs possess an easement by implication with respect to the JPR. Please note the display name will appear on screen when you participate. 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. Plaintiffs base their argument as well on the somewhat ambiguous wording of the 1941 deed, describing an easement conveyed to the owner of Ram's Head as: Deed from Sprague Corporation to Black Point Corporation, attached at Tab 1 to Defendant's Statement of Facts (Docket No. Sprague was to leave all of his assets in Black Point Corporation to the children of his first marriage. This rental is accepting applications through Apartments.com. Already have a commenting profile? The parties are contesting Plaintiffs' right to use the portion of the JPR that runs through Defendant's land.
You will receive an email to complete the registration. Sprague had a different intention with respect to the disposition of Ram's Head when he severed the property from the Sprague Corporation estate. Please check your email to confirm and complete your registration. Gull Crest Trail. I am sorry to inform you that Overseer Emeritus Phineas Sprague, of the Class of 1950, passed away at his home in Cape Elizabeth on Thursday, February 7, at the age of ninety-three. //]]> Sign up for our free summaries and get the latest delivered directly to you. Letter dated August 31, 1977, from Millicent Monks to Sprague Corporation President, attached at Tab 10 to Defendant's Statement of Material Facts; Plaintiffs Millicent and Robert Monks' Answers to Interrogatories at 3. 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.
Phineas Sprague, the patriarch of a prominent Cape Elizabeth family and a significant contributor to programs at his alma mater, Bowdoin College, died Thursday at his home. 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. In 1971, she began living full-time at Copeland Cottage. To get one, go to the subscriptions page. *434 Other jurisdictions that have recognized the theory of easement by estoppel put forward by Plaintiffs have required a showing (1) of a representation communicated to the promisee; (2) that the representation was believed; and (3) that there was reliance upon such communication. 7 Ram Island Farm Rd has 3 shopping centers within 8.2 miles, which is about a 20-minute drive. In the 1972 deed, Shaw Properties conveyed all of its interest in Ram's Head, including appurtenant easements, to P.S. Dunham states that he personally used the trails that access the beach at Ram's Head, as well as the beach, every day for riding. 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. I am so sorry to hear of Spencers passing. The other road, known as the Gayfield Road, also branches off from the Charles E. Jordan Town Road. Facts are in dispute with respect to whether the Monks had a lease prior to 1969 or whether there are additional facts supporting some other relationship that would allow Plaintiffs to tack the time and nature of their usage of the easement onto that of the Sprague Corporation. Find the obituary of Spencer Hill Sprague (2000 - 2020) from Cape Elizabeth, ME. 30) at 15. 622, 625-27 (D.Me.1987), aff'd 857 F.2d 4 (1st Cir. It is FURTHER ORDERED that Defendant's Motion for Summary Judgment on Count VII, insofar as that count alleges easements by estoppel and by implication to the trails and beach at Ram's Head, be, and it is hereby, GRANTED. Plaintiffs Millicent Monks and Robert Monks lease a seven-acre plot ("Lot 8") from the Sprague Corporation which lies east of, and adjacent to, Defendant's land. The only case Defendant cites is a New York state court case, Casa Del Mar Club Holding Co. v. Town Board of Hempstead, 124 N.Y.S.2d 731, 735 (Sup.Ct. Defendant asserts that P.S. Plaintiffs also claim easement rights to five trails that access the beach at Ram's Head as well as the right to use the beach. Black Point Corporation, 1 Ram Island Farm Road, Cape Elizabeth, ME, 04107, United States. $3,000
Deposition of J. Abbott Sprague at 12-13. Sprague never mentioned Ram's Head specifically in his Memorandum of Intentions and argues that P.S. ME [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. 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).
Plaintiffs assert that P.S. He asserts that the affidavit may hinder him from successfully completing a sale of the property but goes on to state that "[if] the transaction is closed as contemplated, it is possible that there will be no realization of damages and that the trial of the damage issues relating to the Counterclaim may become unnecessary." He was born on June 15, 1925, to the late Lucy Coleman Carnegie and Phineas Shaw Sprague. Sprague, and family during the summer months when they all used the road regularly. He was 93. Cape Elizabeth is a town in Cumberland County, Maine, United States.
For the sake of clarity, this Court will examine the undisputed facts with respect to Plaintiffs Monks' use of the easements, to be followed by Plaintiff Sprague Corporation's use of the easements.
Plaintiffs further direct the Court's attention to a number of facts regarding the necessity of use of the JPR at the time of the 1941 conveyance. Another 75 words (5 lines of text) covering the years 1632, 1664, 1618, 1684, 1725, 1720, 1655, 1695, 1620, 1673, 1645, 1673, 1673, 1677, 1677, 1919, 1944 and 1946 are included under the topic Early Sprague History in all our PDF Extended History products and printed products wherever possible. 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.
The affidavit further asserts that the Sprague Corporation, its tenants, shareholders, and guests have continuously used, for twenty years prior to 1941 and up to the date of the affidavit, various rights-of-way and the beach on Ram's Head. 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.
at 57. He was loves the sea and considers himself a sailor. 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.
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. As Plaintiffs allege, P.S. Then, on July 11, 1972, Shaw Properties conveyed Ram's Head directly to P.S. It looks like you do not have any active subscriptions. Cape Elizabeth Planning Board, Sprague Corporation Cape Elizabeth, Sprague, Shaw, "Shaw Sprague of Solana Beach, Calif., grandson of the late millionaire Phineas W" (1993).
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. Defendant is now attempting to sell all of Ram's Head to a purchaser outside the Sprague family. at 15. She states that she continued to walk on the JPR to retrieve her mail after 1975, until her mailbox was moved to the Monks' new road in 1982. . 25). As part of that reorganization, Black Point Corporation conveyed Ram's Head on May 18, 1965, to a corporation controlled solely by P.S. Three of those trails branch off from the JPR at various intervals and lead across Ram's Head property while two additional trails lead from the property leased by the Monks and another party, the Higgins, and continue through sand dunes on Defendant's land leading to the shore. Deposition of Robert Monks at 76. Deposition of Millicent Monks at 8. Please contact the Library for a copy of the article. *424 *425 Michael T. Healy, Verrill & Dana and Peter L. Murray, Murray, Plumb & Murray, Portland, ME, for plaintiffs. 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.
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This web page shows only a small excerpt of our Sprague research. The only other written language that relates to the disputed easement is included in the 1969 lease between Plaintiff Sprague Corporation and Plaintiffs Millicent and Robert Monks. Dunham states that she used the JPR to lead trail rides for tenants and family members as part of her employment from 1952 until 1956 and continued to use the road as a tenant from 1956 until 1971. $5,600 [9] Plaintiffs assert a type of estoppel theory, arguing that owners of Ram's Head have benefitted from Plaintiffs' maintenance of, and improvements to, the JPR and should, therefore, be estopped from denying the existence of an easement. The first officer had just taken the wheel when a buoy was spotted directly ahead. To get one, go to the subscriptions page.
They have been living on Lot 8, at what was formerly designated as the Richmond house, but at what the parties now call the Monks' house, during summers and weekends up to the present. He states that at various times from 1929 until 1951, during his employment as an orchardist, he and a work crew of about twenty people would use the road to spray apple trees and transport apples, to build log cabins and cottages, to walk cattle, and to cut firewood. Item 5729 info Maine Historical Society Any time a captain was disoriented, disaster might quickly follow. From the date of the Monks' 1969 lease until 1983, they expended more than 15,000 dollars to improve the access road that includes the JPR. Nor do the parties clarify exactly who, other than employees of the Sprague Corporation, regularly needed access to the areas in and surrounding Lot 8 which is now leased by the Monks. Millicent Monks states that she has used the JPR continuously from 1941 until 1993. 227, 230, 98 A. The affidavit in question was filed by John Abbott Sprague, President of the Sprague Corporation, and asserted that shareholders, tenants, and guests of the Sprague Corporation have continuously used the JPR for more than twenty years prior to and after the 1941 conveyance. Affidavit of Linwood Dunham at 15. Gunter Gower, who is currently employed by Defendant to do maintenance on Ram's Head, has stated that he has seen Ellen Higgins and her husband using the beach on occasion and that he believes they continued to use the beach, on at least one occasion, after Defendant put up a fence barring access in June or July of 1993.
Mainestream Wellness, Cape Elizabeth, Maine. ME Generally considered an easy route, it takes an average of 1 h 11 min to complete. [5] Deposition of Millicent Monks at 40. On the night of February 22, 1864, the steamer Bohemian was heading to Portland. On all other counts, it is ORDERED that Defendant's and Plaintiffs' Motions for Summary Judgment be, and they are hereby, DENIED. 56(c). 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. As a final note, the Court would like to make clear its view that the Relocation Agreement cited by Defendant does not have real bearing on the issues in this case.
Affidavit of Marjorie Dunham at 2, 6-8. Some background historical facts are necessary to place this land dispute in context and to clarify the relationship between the parties. Transit Score measures access to public transit. Deed from Black Point Corporation to Shaw Properties Maine, attached at Tab 2 to Defendant's Statement of Facts. He was, in 1986, instrumental in re-establishing rowing the Colleges first intercollegiate sport after a hiatus of nearly 90 years, Rose added. The portion of the access road in dispute is referred to by the parties as the Japanese Pond Road ("JPR"). 7 Ram Island Farm Rd is a house located in Cumberland County and the 04107 ZIP Code. Fostering innovative ideas. See, Plaintiff Sprague Corporation's Answers to Interrogatories at 4 (indicating that the "corporate purpose of such use of the Japanese Pond Road has been to own, control and use the property in a manner consistent with the original intentions of P. Shaw Sprague and P.W. [6] The frequency of use is in dispute, with Defendant pointing to deposition testimony of Gunter Gower who worked in maintenance on Ram's Head from 1983 until the present. Dunham's daughter, Marjorie Dunham, was born on Ram Island Farm in 1934 and states that she used the JPR for as long as she can remember. Deposition of Millicent Monks at 8-10; Deposition of Robert Monks at 20 (indicates that Robert Monks also lived at Monks House for an entire seven-year period, from 1970-1977). The Sprague Corporation holds approximately 2200 acres of real property in Cape Elizabeth and Scarborough, Maine. See also Fischer v. Bar Harbor Banking & Trust Co.,673 F. Supp. The Cumberland County town of Cape Elizabeth, Maine is like something out of a painting. Deposition of John Abbott Sprague at 7-9.
Phineas Sprague, family patriarch, dies at 93, At $10 million, one of the priciest homes in Maine history goes to former SEC chair, Seven players, coach removed from Gorham High boys lacrosse team, Trucks brakes locked up before driver hit teen in Gray, report says, Lawmakers recommend replacing popular senior property tax program, Fire at Portland apartment leaves residents homeless. Defendant has moved for summary judgment on all counts. Plaintiffs have moved for summary judgment on Count III, alleging an easement by implication, and on Defendant's counterclaim. Phineas Sprague, the patriarch of a prominent Cape Elizabeth family and a significant contributor to programs at his alma mater, Bowdoin College, died Thursday at his home. Millicent Monks states that she and her husband have continuously used the access road, which includes the disputed JPR, to reach their property at least since the summer of 1954, 1955, or 1956.