Supreme Judicial Court of Maine, 2002

The court held that expiration of the limitations period for enforcing a promissory note does not bar foreclosure of the mortgage securing the debt. Because the undisputed facts established the elements of foreclosure and the action was brought within the applicable period for limiting mortgage enforcement, the court…

The court affirmed the declaration that Rutland retained an implied private easement because nonuse, parking, and overgrowth did not establish a clear intent to abandon it. It vacated the tortious-interference liability finding because asserting and defending an ultimately invalid property right did not constitute…