EDDINGTON, Maine — The Maine Supreme Judicial Court has upheld a lower court’s ruling in favor of the town, and a subdivision homeowners association will be responsible for fixing roads within the housing development, Town Manager Russell Smith said Tuesday.
“The town has prevailed in the case,” he said. “It’s over.”
Some of the roads in the Cedar Grove subdivision are not up to town standards and so have not been accepted as town roads, which upset members of the homeowners association who sued the town several years ago, Smith said.
Developer Frank Pawlendzio left the project without completing the job, he said.
“He never finished construction of the road,” the town manager said. “Spruce Wood [Road] has to be rebuilt, and Comins Lane and Grand View need a finished coat” of pavement.
Once the roads are repaired or finished, they could be presented to the town for acceptance, which means the town would maintain them, including wintertime snow plowing.
The Law Court issued its ruling Aug. 10.
“Because the town’s inaction was not appealed through the proper procedure, the town’s decision to not improve the subdivision’s roads by enforcing the developer’s improvement guarantee became final,” the memorandum of decision states. “A declaratory judgement action could not revive what was no longer a justifiable controversy.”
The memorandum was presented to town selectmen Tuesday night, which is when town leaders also learned what the mill rate would be for the next year.
The town’s mill rate is going to be $11.30, a 90-cent increase over last year, Smith said before the meeting. Last year it was $10.40.