Rudman Winchell Attorney Tim Pease Defends Case to Maine Supreme Court

By Rudman Winchell Attorney

Rudman Winchell Attorney Tim Pease recently succeeded in defending against an appeal in Maine’s Supreme Court. The case arose out of a boundary dispute, an area of law where Tim has extensive experience. 

At trial, Tim defended his client against claims brought by his neighbor. The neighbor argued that the boundary between their properties should be expanded, giving him extra acreage. The neighbor also sought damages, arguing that by mowing the lawn beyond the boundary, Tim’s client had committed trespass. 

Multiple surveyors, including one that the neighbor hired, agreed with Tim and his client that the boundary did not need to be expanded. Tim objected when, after deadlines passed, the neighbor attempted to find a new surveyor who would support his claim.

Tim succeeded in establishing at trial that the boundary did not need to be expanded. The neighbor appealed, arguing that his new surveyor should not have been excluded from evidence. 

In his brief to the Maine Supreme Court, Tim argued that the Maine Rules of Evidence supported the trial court’s decision. There was no excuse for obtaining the new survey beyond the deadline, and the surveyor’s report constituted hearsay for which there was no exception to inadmissibility. 

The Maine Supreme Court agreed, and on the strength of the briefs alone, denied the neighbors appeal.

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