Pilot Point, LLC v. Town of Cape Elizabeth
Annotate this Case
The Supreme Judicial Court affirmed the judgment entered in the Business and Consumer Docket concluding that the Town of Cape Elizabeth's proffered evidence was insufficient to support a finding that the Town's right to accept the "incipient dedication" of a particular portion of land lapsed at common law, holding that the court did not err in its application of the common law lapse standard.
Pilot Point, LLC sought a declaratory judgment that the Town's right to accept the incipient dedication of a portion of Surf Side Avenue (the "Pilot Point Section") had lapsed at common law (count one) and, alternatively, that the Town's right was limited by the scope of the original dedication (count two). The court granted the Town's motion for judgment as a matter of law on count one and dismissed count two as unripe. The Supreme Judicial Court affirmed, holding that the trial court did not err (1) in determining that the evidence was insufficient as a matter of law to establish that the Town's right to accept the dedication of the Pilot Point section had lapsed at common law; and (2) in dismissing without prejudice count two as unripe for judicial review.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.