June 9, 2009

John Bannon and John Shumadine, representing Defendant Matthew Delisle, won an appeal filed by the Knauer Family Limited Partnership.  The Kennebec County Superior Court had found that Mr. Delisle had inadvertently constructed a building that was partially on land owned by the Knauer Family Limited Partnership.  However, upon weighing the equities, the Superior Court had refused to require that Mr. Delisle move that building—a process that would have cost him more than $100,000.  The Knauer Family Limited Partnership appealed in an attempt to force the removal of the building.  On appeal, the Law Court rejected the Knauer Family Partnership’s arguments, concluded that the Superior Court had not abused its discretion in resolving the case, and affirmed the Superior Court decision.