Albert v. Town of Fairfield – Case Brief Summary (Maine)

In Albert v. Town of Fairfield, 597 A.2d 1353 (Me. 1991) the town council accepted a certain street as a town way. Within thirty days petitions were filed by residents of the town seeking to overturn the acceptance of the street. Id. at 1354.

Although the validity of the petitions was challenged, the town council determined that the petitions were valid and called a special election to vote on the referendum. Id. The election resulted in a vote rejecting the council's acceptance of the street. Plaintiffs filed a complaint arguing that the procedure for gathering the petitions was defective and that the election was therefore invalid.

The petitions included the signer's signature, place of residence street number and street.

The petitions did not include the name of the circulator, were not verified as to the authenticity of the signatures, did not include complete instructions to inform the signer, circulator and clerk of the statutory and constitutional requirements, and were not on forms supplied by the town clerk. Id. at 1355 & fn. 2.