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Justia Weekly Opinion Summaries

Landlord - Tenant
November 20, 2020

Table of Contents

Ogden v. Labonville

Landlord - Tenant, Real Estate & Property Law

Maine Supreme Judicial Court

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Landlord - Tenant Opinions

Ogden v. Labonville

Court: Maine Supreme Judicial Court

Citation: 2020 ME 133

Opinion Date: November 17, 2020

Judge: Joseph Jabar

Areas of Law: Landlord - Tenant, Real Estate & Property Law

The Supreme Judicial Court affirmed the summary judgment entered by the superior court ejecting Defendant from real property pursuant to Me. Rev. Stat. 14, 6701-7053, holding that the trial court properly entered judgment for Plaintiffs, the property owners. Plaintiffs filed a complaint seeking to eject Defendant from the property and obtain a writ of possession. The trial court granted Plaintiffs' motion for summary judgment for their claim of ejectment. The Supreme Judicial Court affirmed, holding that the trial court (1) correctly interpreted Me. Rev. Stat. 14, 6961 and the legal framework governing real actions for ejectment; (2) did not err in entering partial summary judgment for Plaintiffs granting them a writ of possession; and (3) did not err in concluding that its judgment rendered Defendant's counterclaim for declaratory judgment moot.

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