Nancy Blanchard et al. v. Department of Transportation et al.
Case Date: 06/20/2002
Court: Supreme Court
Docket No: 2002 ME 96
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Blanchard v. Department of Transportation Download as PDF Back to Opinions Page
MAINE SUPREME JUDICIAL COURT Reporter of Decisions Decision: 2002 ME 96 Docket: Cum-01-353 Argued: October 9, 2001 Decided: June 20, 2002
Panel: SAUFLEY, C.J., CLIFFORD, RUDMAN, DANA, ALEXANDER, and CALKINS, JJ. Majority: CLIFFORD, RUDMAN, DANA, and CALKINS, JJ. Dissenting: SAUFLEY, C.J., and ALEXANDER, J.
NANCY BLANCHARD et al. v. DEPARTMENT OF TRANSPORTATION et al. CLIFFORD, J. [¶ 1] Nancy Blanchard [1] appeals from a partial summary judgment entered in the Superior Court (Cumberland County, Warren, J.) in favor of the Department of Transportation on the issue of the authority of the Department to take land owned by Blanchard. Blanchard also appeals from a judgment of the court entered following a three-day nonjury trial, in which the court concluded that the public use clause of Article I, § 21, of the Constitution of Maine had been satisfied in the taking. Blanchard contends that the Department exceeded its legislative authority, and that the taking was for a private use in violation of Article I, § 21. We are unpersuaded by Blanchard |