Blanchard v. Department of Transportation

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MAINE SUPREME JUDICIAL COURT                                                     Reporter of Decisions

Decision:       2002 ME 96

Docket:          Cum-01-353

Argued:         October 9, 2001

Decided:         June 20, 2002

Panel:           SAUFLEY, C.J., CLIFFORD, RUDMAN, DANA, ALEXANDER, and CALKINS, JJ.

Majority:       CLIFFORD, RUDMAN, DANA, and CALKINS, JJ.

Dissenting:    SAUFLEY, C.J., and ALEXANDER, J.

NANCY BLANCHARD et al.

v.

DEPARTMENT OF TRANSPORTATION et al.

CLIFFORD, J.

            [¶ 1]  Nancy Blanchard [1] appeals from a partial summary judgment entered in the Superior Court (Cumberland County, Warren, J.) in favor of the Department of Transportation on the issue of the authority of the Department to take land owned by Blanchard.  Blanchard also appeals from a judgment of the court entered following a three-day nonjury trial, in which the court concluded that the public use clause of Article I, § 21, of the Constitution of Maine had been satisfied in the taking.  Blanchard contends that the Department exceeded its legislative authority, and that the taking was for a private use in violation of Article I, § 21.  We are unpersuaded by Blanchard