The Sprague Corporation holds approximately 2200 acres of real property in Cape Elizabeth and Scarborough, Maine. Item 5729 info Maine Historical Society Any time a captain was disoriented, disaster might quickly follow. 30) at 15.

04064, 4 Br 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.

Full text is not available here. Phineas was born in Portland and spent his summers at the family's beloved salt water farm in Cape Elizabeth. Sprague never mentioned Ram's Head specifically in his Memorandum of Intentions and argues that P.S. Plaintiffs specifically state that they viewed their use of the road as stemming from an entitlement to use all of Ram's Island Farm as Sprague family descendants; an entitlement that was independent of any claim of right to use Ram's Head property based on ownership of the property by Millicent Monks' father, P.S. The JPR cuts into and out of Defendant's property a right angle and runs along the border of Defendant's property on both Defendant's and Sprague Corporation land. 382 (1909)). The Monks state that use of the JPR route is still important to their enjoyment of their leased land because they often approach Ram Island Farm from the west, with the JPR providing the most direct access to lot 8. . Once the road was blocked, Millicent Monks and her husband began using the Gayfield road to access their property. He states that he used the JPR since early childhood in the 1930s and has continued to use it from 1947 until the present with his wife, Mary Lou Sprague, and his children on weekends during the winter and during summer visits. 6651; Count II requests that the 1941 deed, in which Sprague Corporation conveyed Ram's Head to Black Point Corporation, be reformed to correct the inadvertent and mistaken omission of reserving an express right-of-way over the disputed easement; Count III alleges a quasi-easement by implication; Count IV alleges an easement by estoppel; Count V alleges an easement by prescription; Count VI alleges that Defendant trespassed by placing obstacles on Plaintiffs' right-of-way and on land owned by Sprague Corporation; Count VII alleges that Plaintiffs are entitled to a right-of-way by prescription, implication, or estoppel to hiking paths and horseback-riding trails on Defendant's land which access the beach. Preference is given to Maine organizations. Defendant asserts that Plaintiffs attempt to elevate family visits to the level of legally significant acts. Sign in or Subscribe 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. Leave your condolences to the family on this memorial page or send flowers to show you care.

Defendant's Counterclaim at 5. However, Defendant ignores the evidence submitted by Plaintiffs of use of the trails and beach by Plaintiffs Monks, Sprague Corporation employees Linwood and Marjorie Dunham, Sprague Corporation tenant Ellen Higgins, and others. Robert S. Hark, Isaacson & Raymond, Lewiston, ME and Jeffrey A. Donner, Shain, Schaffer & Rafanello, Bernardsville, NJ, for defendant. Preference is given to Maine organizations. 7 Ram Island Farm Rd is a house located in Cumberland County and the 04107 ZIP Code.

24) at 4-5; Notice to prevent Acquisition of a Right of Way (August 19, 1985), attached at Tab 12 to Defendant's Statement of Material Facts. He didnt ask for anyones permission. Senator from Maine, and Member of the U.S. House of Representatives from Maine's 4th district; William Sprague III (1799-1856), partner of A & W 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. https://digitalcommons.portlandlibrary.com/news_pph/592.

Gull Crest Trail. Defendant's Response to Request for Admissions at 8. Login.

1988), cert.

A Sound Score Rating aggregates noise caused by vehicle traffic, airplane traffic and local sources.

Bowers, 557 A.2d at 609.

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. 142 likes. Sprague, attached at Tab 4 to Defendant's Statement of Facts. Black Point Corporation is a privately owned entity of the heirs of P. Shaw Sprague who use it to manage their common interests. This Court will otherwise deny Defendant's Motion on the remaining counts because genuine issues of material fact remain in dispute, precluding summary judgment. 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. He created the popular Spurwink Airfield Fly-In 20 years ago. I am so sorry to hear of Spencers passing. I think he did that, said a son, Phineas Sprague Jr., who owns Portland Shipyard on Commercial Street. Dunham continued to use the JPR regularly as part of his employment when he worked at the riding stables from 1951 until 1971, leading trail rides for Sprague family members and Sprague Corporation tenants along the road. 25).

Rose cited a number of accomplishments that Sprague achieved through his affiliation with the Brunswick-based college, including his role in establishing its Outing Club, which is still going strong after 70 years. With over 400 members, the Outing Club serves more than 1,000 students each year. Id. 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. Affidavit of Marjorie Dunham at 2, 6-8.

Deposition of Millicent Monks at 8.

*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. Defendant also fails to point to facts indicating that the affidavit's assertion of continuous use of the trails and beach from 1941 until 1993 are false. At that time, he and his wife entered into an agreement whereby P.S. Already registered?

The corporations Ram Island Farm property includes Spurwink Farm, home to a horse boarding business. Anyone can access the link you share with no account required. Deposition of Gunter V. Gower at 9 and 15.

at 52-56.

By granting a relocation of the existing easement the Board was not giving up any legal right to the detriment of its Shareholders." October 30, 1992 letter to Shaw Sprague from Whit Foster, Plaintiffs' Deposition Exhibit 61. 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.

Also left unclear is whether tenant Ellen Higgins, who testifies to use of the JPR since 1963, made use of the access road under provisions of a lease implicitly or explicitly authorizing such use by the Sprague Corporation.

His father's family came to coastal Maine as summer rusticators. This web page shows only a small excerpt of our Sprague research. Because of problems encountered in using the Gayfield Road relating to climate and steepness, in addition to the obstacles placed on the JPR access route, Plaintiffs Robert and Millicent Monks financed the construction of another access road that was built during 1981 and 1982 and runs from Route 77 to their leased premises. Sign up and we'll help you stay connected to Vacationland by sending our twice-a-month newsletter to your inbox. Ann B Elizabeth, Elizabeth Arrotta, Elizabeth Bracken, E A Arrotta and Elizabeth A Arrotta are some of the alias or nicknames that Elizabeth has used. 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." Defendant argues further that Plaintiffs fail to satisfy the requirement of adversity because they are asking the Court "to elevate the visit of a child or grandchild to his or her father's or grandfather's house to the status of a hostile or adverse use under a claim of right."

227, 230, 98 A. Enter your email and password to access comments.

Gower indicated that "Millie and Bob Monks, I might see once a year on the beach."

This item is part of the Carol A. Wilson architecture collection .

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. Id. See, e.g., Depositions of employees Linwood Dunham, Marjorie Dunham, Phyllis Emery; Depositions and Affidavits of family members Millicent Monks, Robert Monks, and Phineas Sprague. This Court will deny both motions, finding that genuine issues of material fact are in dispute which preclude summary judgment as a matter of law. The access road then continues back onto the Sprague estate through Lot 8, which is leased by the Monks. 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. Sprague Corporation tenant Ellen Higgins states that she has walked along the trails accessing the beach at Ram's Head and used the beach since she first began renting the Copeland Cottage in 1963 up to the present time. This Court will also grant Defendant's Motion for Summary Judgment on Count VII insofar as it relates to a claim of easements by implication.

Ellen Higgins is a tenant of Sprague Corporation who has been renting the Copeland Cottage, located on the Monks' leased land, from 1963 until the present. 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. Sprague died in 1977, the barriers blocking the JPR were removed by his widow, Sydney Sprague. Architecture commission for Millicent S. Monks and Robert A.G. Monks at an unknown address in Ram Island Farm, Cape Elizabeth, ME, 1992 1993. Sprague Corporation also points to affidavits of employees, tenants, and a shareholder/family member indicating that it has continuously maintained the JPR access road and plowed it during winters at least until the road was blocked by P.S. The Cumberland County town of Cape Elizabeth, Maine is like something out of a painting.

Sprague's overall intention in severing Ram's Head from the Sprague estate preclude this Court's entry of summary judgment for either party.

To determine whether a grantor, in this case the Sprague Corporation, impliedly reserved an easement at the point where the JPR crosses into and out of the property known as Ram's Head, the Court must focus upon the probable intent of the parties.

Deed from Shaw Properties Maine to P.S. 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.

When P.S. 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. She also states that she often saw other tenants of the Sprague Corporation and members of the Sprague family using the right-of-way as well. at 9. Sprague, attached at Tab 4 to Defendant's Statement of Facts.

21 Entries Order Printed Guest Book Dear Shaw and Elizabeth. He created the popular Spurwink Airfield Fly-In 20 years ago. 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. This language, describing the easements granted to the owner of Ram's Head, was repeated verbatim in the deed in which Black Point Corporation conveyed the land to Shaw Properties Maine in 1965. Its holdings include more than 2,000 acres of oceanfront land in Cape Elizabeth near Crescent Beach State Park, as well as Richmond Island, according to another son, Seth Sprague. > Incredible homes dot the landscape, but there are charming apartments as well that can fit nearly any budget.

You're all set! His low-key approach took him down many different paths, and often left behind resources for future generations to enjoy. Defendant also ignores testimony by Plaintiffs Monks, other family members, and the Sprague Corporation who used the JPR regularly to access summer cottages and riding trails. Home

Georgia), who passed away on May 29, 2023. Id. Deposition of John Abbott Sprague at 7-9. Sprague (father of Defendant and Plaintiff Millicent Monks) decided to sever the property from the Sprague Corporation holdings.

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. Sprague had a different intention with respect to the disposition of Ram's Head when he severed the property from the Sprague Corporation estate.

If the page does not reload within 5 seconds, please refresh the page. Id. He never had anyone point at him and say, Look what he did, Sprague said. Previous to Elizabeth's current city of Cape Elizabeth, ME, Elizabeth Sprague lived in Boston MA and Phoenix AZ. In light of his agreement with his first wife, P.S.

Elizabeth Mariah Sprague, the daughter of Joanna and Phineas Sprague of Cape Elizabeth, Me., was married at her parents' house Saturday to Joshua Mathew Zachariah, a son of Sibil and. 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. Affidavit of Linwood Dunham at 3, 10, 11, 12, 13 and 14.

The Court went on to find that a son established an independent claim of right to a prescriptive easement to land held by his father where the son said that "he exercised this right because his predecessors in title had done so before him, and not because of any consent from his parent."

This Court will grant Defendant's Motion for Summary Judgment on Count VII, insofar as it relates to a claim of easements by estoppel, based on the same reasoning used by the Court in granting Defendant's Motion for Summary Judgment on Count IV, alleging an easement by estoppel to the use of the JPR. I think people will remember my father as a fun person to be with. at 8-9.

Plaintiff Sprague Corporation's Answers to Interrogatories at 8; Plaintiffs Monks' Answers to Interrogatories at 14 and attached map. See, e.g., Brown v. Dickey, 106 Me. The Court will deny Plaintiffs' Motion for Summary Judgment on Count III, finding genuine issues of material fact are in dispute with respect to the claim of an easement by implication to the Japanese Pond Road. MNI We will look into it right away. He didnt ask for anyones permission. As of the 2020 census, Cape Elizabeth had a population of 9,535.

He loved to start things that people could enjoy, Sprague said. Anyone can access the link you share with no account required.

$3,000 My Account |

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. A carpenter who worked on Ram Island Farm from 1968 until 1983 stated that he would most frequently use the JPR, but sometimes drive on the Gayfield Road, to access various parts of the estate to build and repair cottages and to maintain roadways. 6.1 mi, 4 Br The proposals, which wound up in court after being blocked by the planning board, raise questions about the Sprague Corporation's plans for its extensive holdings, which include 2,216 acres in Cape Elizabeth and 236 acres in Scarborough. He leaves an enduring legacy of family and service to the College and the communities in which he lived, Rose wrote. 56(c).

In addition, Sprague was elected to Bowdoins Board of Overseers in 1985, and became an overseer emeritus in 1991. His daughter, Marjorie Dunham, who was born on Ram Island Farm in 1934, states that she used the paths accessing the beach at Ram's Head and the beach for as long as she can remember. 34).

[8] As noted in the Undisputed Facts section, the parties do not make clear whether any alternative road, other than the JPR, existed and was commonly used by Sprague Corporation tenants, shareholders, and employees at the time of the 1941 conveyance to provide access to the lower reaches of Ram Island Farm. In an obituary, his family said a celebration of Spragues Happy Days will be held this summer. Millicent Monks, who was born in 1933, states that her earliest memory of using the JPR was of riding on her father's shoulders at the age of four, as they made their way down the road through the snow. Dunham worked at the stables from 1952 until 1956 and states that she used the trails accessing the beach at Ram's Head and the beach about twice a day when she took summer tenants of the Sprague Corporation on trail rides. In making this argument, however, Defendant ignores the deposition testimony and affidavits of Sprague Corporation employees and tenants unrelated to the Sprague family (see, e.g., Depositions of Gunter Gower and Linwood Dunham; Affidavits of Marjorie Dunham, Phyllis Emery, and Ellen Higgins).

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It looks like you do not have any active subscriptions. Even if Plaintiffs Monks had an earlier lease authorizing their use of the JPR, facts still remain in dispute as to the exact year that Plaintiffs began spending summers on Ram Island Farm and using the JPR in an adverse fashion. 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. Robert and Millicent Monks reside in Cape Elizabeth, Maine. Sprague engineered the 1941 conveyance of Ram's Head from the Sprague Corporation to Black Point Corporation in order to divest his sisters, who held a beneficial interest in stock in Sprague Corporation, of any interest in the house that he planned to build on Ram's Head.

Known to his friends as Phin, Sprague was an avid sportsman.

Finding no genuine issue of material fact in dispute, this Court will grant Defendant's Motion on Count IV as a matter of law because Plaintiffs fail to point to sufficient facts to support their claim. 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."

The portion of the access road in dispute is referred to by the parties as the Japanese Pond Road ("JPR"). Hi, to comment on stories you must create a commenting profile. at 8. [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. 7 Ram Island Farm Rd is near Portland International Jetport, located 11.0 miles or 28 minutes away. 382 (1909); Arnold v. Boulay, 147 Me.

This home remains in the Sprague family for preservation purposes. Heres why. Black Point Corporation, 1 Ram Island Farm Road, Cape Elizabeth, ME, 04107, United States.

Success.

$5,600 Spragues son Phineas said it is hard to put into words the impact his father had on peoples lives. Use the form below to reset your password.

Seth Sprague quoted one of his fathers favorite lines: What I love to do most is make people laugh, and if I cant do that, Ill make them giggle.. Sprague"), wrote: Memorandum of Intentions, Plaintiffs' Deposition Exhibit 35, (April 8, 1965). Defendant disputes these facts, regarding the necessity and regularity of use of the JPR, insomuch as he alleges that "the Grantor's retained land had miles of road and an internal roadway system."

Affidavit of Ellen Higgins at 8. Please check your email to confirm and complete your registration.

Markowitz v. Republic National Bank, 651 F.2d 825, 828 (2d Cir. Create one. Seth Sprague quoted one of his fathers favorite lines: What I love to do most is make people laugh, and if I cant do that, Ill make them giggle..

Plaintiffs assert that P.S. 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.

Plaintiff, the Sprague Corporation, owns a 2700-acre estate abutting the Atlantic Ocean in Cape Elizabeth, Maine known as Ram Island Farm. 6.1 mi, Saco,

Defendant goes on to argue that Plaintiffs' use of the easement could well be permissive by pointing out that Plaintiff Millicent Monks stated in deposition testimony that she was always welcome at her father's house. Rose cited a number of accomplishments that Sprague achieved through his affiliation with the Brunswick-based college, including his role in establishing its Outing Club, which is still going strong after 70 years. With over 400 members, the Outing Club serves more than 1,000 students each year. Defendant's Statement Controverting Plaintiffs' Statement of Uncontroverted Material Facts (Docket No. From 1956 until 1971, Dunham says she continued to use the trails and the beach several times a week and states that she frequently saw tenants of the Sprague Corporation and members of the Sprague family using the rights-of-way as well.

Deposition of Gunter Gower at 56 and 59. 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. Affidavit of Phyllis Emery at 3. Thanks for reporting an issue.

With miles of hiking and biking trails, private tennis court, gardens, there is so much to explore on parts of the property open to guests.