Attorney Edmond J. Bearor Presents Case to Maine Supreme Judicial Court

By Rudman Winchell Attorney

Ed Bearor presented his 16th oral argument to the Maine Supreme Judicial Court on April 12th in the case of Matteson v. Batchelder. The Court is asked to vacate the trial court’s decision reforming a deed.

Mr. Bearor argued that absent any other basis for reformation, the court below was unable to find clear and convincing evidence that the parties to the deed (not the parties to the lawsuit) labored under mutual mistake that might permit the extraordinary step of reforming a deed.

Also at issue in the case is whether the “shoreline” of a stream, being monument (boundary) in the description of a right of way can be ignored by the court simply because the stream’s water elevation fluctuates.

A decision in the case is expected by July.


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