sprague family cape elizabeth maine

Deposition of Gunter Gower at 55. His low-key approach took him down many different paths, and often left behind resources for future generations to enjoy. 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." Were going to have a celebration, not a weep, Sprague Jr. said. 6.1 mi, 4 Br Already registered? 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. As P.W. 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. 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." The Sprague Corporation was established in 1920 by Phineas W. Sprague, the father of P. Shaw Sprague and grandfather of Plaintiff Millicent Monks and Defendant Shaw Sprague. Sprague but cite the Memorandum in support of different propositions. Accessibility Statement. A Sound Score Rating aggregates noise caused by vehicle traffic, airplane traffic and local sources. Deposition of Robert Monks at 74-75 and 104; Deposition of Millicent Monks at 40. He liked to ski, hike, sail and fly airplanes, and was an accomplished oarsman and fly fisherman. Sign up for our free summaries and get the latest delivered directly to you. Make a life-giving gesture Thanks for reporting an issue. Affidavit of Linwood Dunham at 14. He later remarried and had a second family, including a son, Defendant Shaw Sprague. Cape Cottage Casino and Theater // 1899 February 25, 2021 Buildings of New England Leave a comment Walk Score Heres why. Robert is founder of the world's largest . This profile is in addition to your subscription and website login. Sprague wanted to build a house on Ram's Head and did not want his sisters, who had a beneficial interest in ownership of Sprague Corporation stock, to have any interest in the home. The corporations Ram Island Farm property includes Spurwink Farm, home to a horse boarding business. Time and distance from 7 Ram Island Farm Rd. 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. 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. BPCM now services 15 clients, mostly families, with a combined $25 million in assets. Leave a sympathy message to the family on the memorial page of Elizabeth C. Sprague to pay them a last tribute. at 9. On all other counts, it is ORDERED that Defendant's and Plaintiffs' Motions for Summary Judgment be, and they are hereby, DENIED. You already receive all suggested Justia Opinion Summary Newsletters. 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. Defendant's Response to Request for Admissions at 8. 823. In addition, Plaintiffs have presented deposition testimony of Millicent Monks indicating that she continued to use the JPR during the time that her father blockaded the road. Sprague was to leave all of his assets in Black Point Corporation to the children of his first marriage. Sprague in 1975. 04064, 4 Br Deed from Black Point Corporation to Shaw Properties Maine, attached at Tab 2 to Defendant's Statement of Facts; see also Memorandum of Intentions. In addition, Sprague was elected to Bowdoins Board of Overseers in 1985, and became an overseer emeritus in 1991. Planes land on a grass airstrip at Spurwink Farm, where pilots from across the country are treated to a pancake breakfast. Long article, related story. On the night of February 22, 1864, the steamer Bohemian was heading to Portland. 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. See, e.g., Deposition of J. Abbott Sprague and, perhaps, Affidavit of Phineas Sprague. Early History of the Sprague family. See 14 M.R.S.A. This is one of the most unique and beautiful properties in all of Maine. See Defendant's Statement Controverting Plaintiffs' Statement of Uncontroverted Material Facts (Docket No. Defendant's Statement Controverting Plaintiffs' Statement of Uncontroverted Material Facts (Docket No. Under Maine law, an implied easement may be created when: Frederick v. Consolidated Waste Services, Inc.,573 A.2d 387, 389 (Me.1990) (citing Bowers v. Andrews,557 A.2d 606, 608 (Me.1989); O'Connell v. Larkin,532 A.2d 1039, 1042 (Me.1987); and Brown v. Dickey, 106 Me. Finding genuine issues of material fact in dispute, this Court will deny Defendant's Motion. 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. The commission is associated with Carol A. Wilson, and Carol A. Wilson, Architect. See Affidavits of Phineas Sprague at *431 6, Phyllis Emery at 5, Ellen Higgins at 6, Linwood Dunham at 13 and 15. Sprague is survived by his wife, Mary Louise, and six adult children. Hi, to comment on stories you must create a commenting profile. Sprague Name Meaning. He was loves the sea and considers himself a sailor. 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. 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. He was 93. Id. 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. Deed from Shaw Properties Maine to P.S. It is undisputed by Defendant that Plaintiffs Millicent and Robert Monks expended about $15,000 in improvements to the JPR. Sign up and we'll help you stay connected to Vacationland by sending our twice-a-month newsletter to your inbox. We will look into it right away. Defendant is not specific as to which roads he refers and whether such roads were used with as much frequency as the JPR or provided Plaintiffs with equally reliable access to the remainder of the farm. Millicent Monks states that she has been using these easements her entire life for horseback riding, walking, meeting friends and swimming with family. [6] Deposition of Gunter Gower at 57-58; Deposition of Millicent Monks at 49-50; Plaintiffs Monks' Answers to Interrogatories at 13. Black Point Corporation, 1 Ram Island Farm Road, Cape Elizabeth, ME, 04107, United States. 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. 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. Markowitz v. Republic National Bank, 651 F.2d 825, 828 (2d Cir. Black Point Corporation, 1 Ram Island Farm Road, Cape Elizabeth, ME, 04107, United States. It is privately owned by the Sprague family, the most prominent property owners in Cape Elizabeth, whose substantial estate also includes Ram Island Farm on the mainland. 56(c). 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. 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." 1A). Sprague and his second wife) by a Trustees' Deed of Distribution on April 19, 1990. The 2,200-acre estate that is the southwestern corner of Cape Elizabeth is home not only to members of the Sprague family but also a vast array of plants and animals in a secluded environment. A second issue in dispute between the parties relates to the legal implications of the nature and frequency of Plaintiffs' use of the easements. Built in 1889, this interesting structure is located away from the rocky coastline of Cape Elizabeth, a lasting remnant of the agricultural history of the town. In an obituary, his family said a celebration of Spragues Happy Days will be held this summer. 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. Don't have a commenting profile? In light of his agreement with his first wife, P.S. Create a commenting profile by providing an email address, password and display name. Good News! He just did things, and he did great things for the community.. Factors that influenced these ratings include building design, construction, exterior spaces, and amenities. 409, 156 A. Spragues son Phineas said it is hard to put into words the impact his father had on peoples lives. 142 likes. In addition, Sprague was elected to Bowdoins Board of Overseers in 1985, and became an overseer emeritus in 1991. Additionally, the Cape Elizabeth Land Trust, a . 12 Month Lease ONLY starting June 1st, 2022. Georgia), who passed away on May 29, 2023. The Gayfield Road also runs along a steep hill, while the JPR is flat and a safer route for large vehicles. Plaintiff Sprague Corporation has presented undisputed facts that the JPR has been in use by its employees and shareholders since at least 1929. Website: www.blackpointcorporation.com 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. Answer and Counterclaim by Defendant (Docket No. The Sprague Corp., which was founded in 1920 by the elder Spragues grandfather, is a familiar name in Cape Elizabeth and Scarborough. Sprague died in 1977, the barriers blocking the JPR were removed by his widow, Sydney Sprague. The portion of the access road in dispute is referred to by the parties as the Japanese Pond Road ("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). [7] The Court, having found that a number of counts in Plaintiffs' Complaint survive Defendant's Motion for Summary Judgment, need not discuss Count I, asserting a complaint to quiet title; Count II, asserting a complaint to reform the 1941 deed; and Count VI, asserting trespass by Defendant over Plaintiff's rights-of-way. $3,200 Phineas Sprague was in a club that was responsible for cutting some of the first ski trails on Sugarloaf Mountain. The Sprague Corporation holds approximately 2200 acres of real property in Cape Elizabeth and Scarborough, Maine. 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. Bowers, 557 A.2d at 609. 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. In the spring, the JPR was sometimes flooded (until it was repaired in 1969) and the Gayfield Road, a seasonal field road, was often impassable in the winter and spring. Affidavit of Marjorie Dunham at 3. Sprague"), wrote: Memorandum of Intentions, Plaintiffs' Deposition Exhibit 35, (April 8, 1965). See Offers. 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. 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. [CDATA[ [1] Defendant has counterclaimed, alleging that Plaintiffs recorded an affidavit in the Cumberland County Registry of Deeds for the purpose of slandering, libeling, and defaming Defendant's title. and Defendant has moved for summary judgment on Count VII, wherein Plaintiffs assert easements by implication, prescription, or estoppel to five riding trails accessing the beach as well as the beach at Ram's Head. To get one, go to the subscriptions page. 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