Here's a cert petition recently filed, which asks the U.S. Supreme Court to review the opinion of the Maine Supreme Judicial Court under a judicial takings theory.
The petitioners argue that the Maine court took their private property when it departed from its prior decisions and a statute and concluded that a road to their home was a public beach access road, and not their private driveway.
Here are the Questions Presented:
1. Did the Maine Supreme Judicial Court effect a “judicial taking” in violation of the Fifth and Fourteenth Amendments to the United States Constitution when it upheld the Superior Court’s reliance upon extrinsic evidence of the intent of petitioner’s deceased predecessor in title, John McLoon, to determine that the dedication and acceptance of “Coopers Beach Road” as a public way included the Petitioner’s driveway despite the fact that the dedication petition itself failed to specifically describe the driveway or the location of the driveway as required by the applicable state statute?2. Did the Maine Supreme Judicial Court’s approval of the Superior Court’s reliance upon extrinsic evidence of Mr. McLoon’s intent in derogation of the express specificity requirements of the state statute arbitrarily deprive the Petitioners of their property in violation of the Due Process Clause of the Fourteenth& Amendment?
More on the case here, from the Bangor Daily News, "Couple takes Owls Head waterfront access case to US Supreme Court." More on the Maine court's ruling here ("Maine top court upholds Owls Head access to waterfront road").
Follow along with the Supreme Court's docket here.
Petition for a Writ of Certiorari, Edwards v. Blackman, No. 15-1343 (Apr. 29, 2016)
