Citation Numbers: 132 Me. 328
Judges: Barnes, Dunn, Pattangall, Sturgis, Thaxter
Filed Date: 1/18/1934
Status: Precedential
Modified Date: 1/12/2023
This case is before this court on exceptions by the Town of Readfield to the acceptance by a Justice of the Superior Court of a report of commissioners appointed in accordance with the provisions of R. S. 1930, Chap. 5, Sec. 191, to determine the boundary line between the towns of Fayette and Readfield.
The line in dispute is the easterly line of Fayette and the westerly line of Readfield. This line in the articles of incorporation of the Town of Fayette is designated as follows, the part of the description italicized describing the line itself: “Beginning at the northeast corner of Livermore; thence running south in the east line of Livermore seven miles and ninety rods; thence east about
The commissioners were evidently faced with a difficult problem. It is perfectly clear, however, that the line which they have established does not follow the description as called for by the legislative enactment incorporating the town. For at least a part of the distance the commissioners have run a straight line through Lane’s Pond in place of a line running “northerly by said pond on the easterly side thereof.”
The presiding Justice felt that under the authority of the case of Winthrop v. Readfield, 90 Me.. 235, 38 A., 93, he had no power to recommit or set aside the report. That he was in absolute disagreement with it is evident from his language, when he says : “The report of this commission shown by its language and by the accompanying plan shows that it ascertained and determined a straight line over the water of Lane Pond instead of by said pond on the Easterly side of it. If I believed I had the legal right to re-commit this to the commission for correction of what I consider a palpable error, I should do so. I do not, because I feel bound by the law enunciated in Winthrop v. Readfield aforesaid and do not consider that I have the right to enlarge, expand or subvert the law in that case. If that case is to be reversed, it is for the Supreme Judicial Court to do it.”
The legislature alone has authority to establish and to change the boundaries of towns. Ham v. Sawyer, 38 Me., 37. The authority of the commissioners appointed under the statute to ascertain and determine town lines in dispute is limited to fixing the line which the legislature has designated. They have no power to establish a new one. Lisbon v. Bowdoin, 53 Me., 327.
The case of Winthrop v. Readfield, 90 Me., 235, holds that the conclusions of the commissioners both as to fact and law are final and even though incorrect can not be set aside by the Court. The Court there said, pages 239-240: “All findings of the commissioners, upon questions of fact and conclusions upon matters of law in
The Justice, who affirmed the report of the commissioners, found in it nothing incorrect in form and no non-compliance with the statute, and also no improper conduct on their part, nor any bias, prejudice or fraud. In spite of such finding and conceding the good faith and proper motives of the commissioners, we do not believe that the case of Winthrop v. Readfield, supra, intended to hold that the Court is powerless to correct an error, where on the face of the record it is perfectly apparent that the commissioners went beyond the authority given them by the statute, and instead of trying to determine the line as called for by the legislature, established one obviously at variance with it. To so hold would place such commissioners above the law from which alone they derive their power.
We think that in this case it was within the province of the Court to sustain the objections of the Town of Readfield. Whether in so doing the report should be recommitted or new commissioners appointed is for the presiding Justice to determine.
Exception sustained.