In a ruling that affects all private road associations in the state, the Maine Supreme Judicial Court overturned the judgment of a Superior Court jury to rule that Stephen M. Brett is not liable for assessments dating back to 2005 in the amount of $1706.67. The 5-2 decision found that the Cape Neddick Ocean Circuit Drive road association had not strictly complied with the mandatory warrant procedure of the Private Ways Act, which requires that owners of all parcels “benefitted by” the road receive notice of the association’s initial meeting.

Brett, who is an attorney, argued pro se that because the association had not notified owners of all parcels abutting the road, which included at least 5 undeveloped ones, but instead had notified only those 11 with residences, it had no authority to assess fees for years during which it failed to strictly comply with statutory procedures.

The decision hung on the meaning of “benefited.” The Private Ways statute requires that all owners of parcels “benefited by” a road be assessed. The association had interpreted the statute to mean that only parcels with residences benefited from the road because only those owners used it for access on a regular basis. The Court, however, relied on an earlier court holding that owners of undeveloped parcels benefit from the road through easements that create a right to use the road, which owners of Ocean Circuit Drive’s undeveloped parcels held.

Victor Sunshine, Road Commissioner of the Cape Neddick Ocean Shore Drive association, brought the original complaint against Brett and testified as a witness for the Ocean Circuit Drive homeowners in court, twice successfully, first in District, then Superior Court.

The Maine Supreme Judicial Court examined the arguments of both sides and overturned the District Court decision.