McCurdy v. Town of Brunswick (2024)

Decision: February 8, 2024; Walker, J.; defendants’ motions for judgment on the pleadings granted, claims dismissed. Full six-page order retrieved from GovInfo.

Facts and holding

Two vehicles were towed following traffic stops involving missing registration plates, suspended driving privileges and release conditions. McCurdy sued the town/employees on constitutional theories and the towing company/officer for conversion. His pleaded facts conceded grounds for the stops and seizures and did not allege payment of the towing/storage charges.

The court dismissed the constitutional and conversion claims. It applied 29-A §§2069(3), 1852 and the conversion elements stated in york-marine-v-mv-intrepid-2016; the pleaded facts did not establish an immediate possessory entitlement against the tower. A proposed conspiracy amendment was untimely and futile. Full order, pp. 1–6.

Limits and later treatment

This is a Rule 12(c) pleading decision, not a trial fixing reasonable fees or a ruling that every tow is valid. It does not adjudicate priority against a secured lender or extinguishment of a title-noted lien upon abandoned-vehicle transfer. No later merits decision or appellate treatment was established in this review; still_good is not inferred from that absence.

The separate 2020 state administrative appeal, McCurdy v. Secretary of State, BMV, KENap-19-09, is not this decision. The University of Maine’s record identifies that opinion but makes its PDF available by email request; its full holding was not independently retrieved. University record.

Applies in

maine · towing-storage-and-mechanics-lien-sales · motor-vehicles

Disclaimer. Legal information, not legal advice. This decision resolves the pleaded facts and is not a general approval of abandoned-vehicle title transfers. Verify current law before acting.