ELLSWORTH, Maine — A Dedham couple who lives on Goose Pond has been awarded a $150,000 judgment against Bangor Hydro-Electric Co. after they sued the company for allowing trees to be cleared from a nearby property owned by the power distribution company.
Bangor Hydro permitted a Freeport construction firm to cut trees on 4 acres the power distribution company owns along Route 1A and to use the cleared land as a staging area for construction materials when the adjacent section of highway was reconstructed in 2005 and 2006, according to a complaint filed by Christian and Tonya Andersen in Hancock County Superior Court.
The presiding judge in the weeklong trial, William Anderson, still is expected to decide whether remediation such as replanting trees or environmental monitoring should be ordered to alleviate some of the problems at the site. Attorneys involved in the case said they could be called back to court to present oral arguments on the remediation issues but that a date has not been set.
According to a prepared statement released last week by the Andersens’ attorney, Charles Gilbert of Bangor, Bangor Hydro did not inform the road contractor, CPM Constructors, that there are protective covenants on the property that limit how it can be used. The cleared parcel is part of a 600-acre property Bangor Hydro owns near the Andersens’ home and Goose Pond.
The Andersens alleged that covenants on the Bangor Hydro property do not allow it to be cleared or used as a staging area for construction materials. They claim that the construction firm violated restrictions on how the land can be used by burying items such as sections of guardrail, cables, tires, propane tanks and road signs on the site for disposal.
According to Gilbert, the covenants on the property also prohibit the construction of residential dwellings and require that all timber on it be harvested with sustainable forestry practices, among other things. The restrictions were not at issue during the trial.
The Andersens claimed that runoff from the site affected the water quality of Goose Pond, which they use as their home’s water source. Since the parcel was cleared of trees, the couple said, they have not been able to use for any extended period of time appliances that use water from the lake. The filters on the appliances cannot effectively filter out clay that now routinely washes into the lake from the clearing site, according to the couple.
The couple also claimed that their property now gets more light and noise from Route 1A because of the thinner buffer of trees caused by the clearing and that, because the pond is more visible from the highway, they get more uninvited people who want to get a better look at the pond by driving down their private road.
Christian Andersen, testifying in the case on Oct. 2, told the jury that before the road construction project began their 23 acres on Goose Pond, which he and his wife bought in 1993, had an estimated value of roughly $2 million. Because of the changes to their property caused by tree cutting, he said, the property now is worth about $500,000. If they were to sell, he added, he would feel obligated to tell prospective buyers about the water quality problems at the property.
The Andersens sought to recover unspecified damages in the lawsuit, leaving it up to the jury and the judge to determine what sort of penalty or remediation may be appropriate.
According to Gilbert, the jury of six men and four women determined that CPM Constructors did not bear responsibility for how the Andersens’ property was harmed because Bangor Hydro did not inform the construction company about the covenants.
“I think they listened very carefully and did a good job,” Gilbert said of the jury.
The fact that the jury awarded to the Andersens a monetary amount of damages that is less that the estimated $1.5 million loss in value to their property, Gilbert added, demonstrates that the jury “came down somewhere in the middle” of the arguments presented in court.
Bangor Hydro’s attorney, David King of Bangor, declined to comment Tuesday on the jury verdict. Susan Faloon, spokeswoman for Bangor Hydro, also declined to comment on Tuesday because the case has not yet been completely resolved.
Follow BDN reporter Bill Trotter on Twitter at @billtrotter.
I wonder if we can sue them out West, they have raised the acidity of my pond considerable with their coal fired power plants?
Good point. However over the last 25 years or so area camps have been torn down to make way for expensive homes with large lawns where a canopy of protective trees once existed. Phosphorus from dusty camp roads has made vegetation grow in places where it did not before. Much of the water decline has been self inflicted by us locals.
“. . . where a canopy of protective trees once existed.” So what are they protecting?
Large woody vegetation provides shade to the shallow waters at the shore of lakes, which is where young fish hang out and hide from predators. Woody vegetation also slows runoff and filters out contaminants like phosphorus that contributes to algae blooms. You want green lakes like Threemile pond in Augusta? Cut down the trees and wait a few years.
Obviously you are not familiar with this particular property. The trees that were cut were a good distance from the lake, not shading the water and protecting habitat. Increase in runoff is not likely given the distance from the cleared area, which is bisected from the plaintiffs property by a roadway that has ditching etc. I normally agree that this type of thing can be very detrimental and am sensitive to the environment. This is just a money grab that will cost the utility and subsequently the users of the service….
So does your ecological prophesy hold true in Nebraska and Kansas? Are all the lakes there suffering from algae blooms?
Guess what. Trees grow around lakes in Kansas and Nebraska.
http://www.zazzle.com/el_dorado_lake_kansas_poster-228342234650175983
http://content.mindmixer.com/Live/Projects/nebraskachamber/files/26863/MM1596_TopicImage_Lake_Trees.jpg?634830609709870000
For thousands of years these crystal clear lakes in Maine were protected from excessive harmful runoff by the trees that lined the shores. When camp roads, driveways and beaches cut into that protection the lakes began a slow decline in water quality. A DEP guy told me that beach sand was more harmful than tar or cement next to the lake. Dirt has phosphorus which promotes plant growth like algae. Ask anyone that owns a camp on Beech Hill, Lucerne or Branch if the rocks were covered with green slime years ago.
nope, sorry…..See AEP v. Conn. (2011)
Most coal power plants, by far, are East of the Mississippi.
You can sue anyone any time you want but will you win now that’s another story .
These folks have been trying to sell this property for quite a while. While this cutting does affect the value of their property a lot of decline is the result if a huge slump in the pricing of recreational property. The home is gorgeous, but a tough sell in this market. They are justified in their lawsuit.
FYI – they have not been trying to sell this property and they don’t plan to ever sell the property.
So if I showed up down their this weekend with a 10% deposit at the real value of $2,000,000.00 I’d go away without a deal?
It’s possible as they want to keep the house in the family… but who wouldn’t take 2 million? They could probably get a much nicer place for that.
This is a joke! You can’t see the cleared are from their home, and I doubt they drank water from Goose Pond, I bet they have a well…. The cleared area was stabilized early on when they cleared it, and they put errosion control in at that time. There is also a driveway between the cleared site and the Andersons home. I can’t understand why they are entitled to anything…should the other owners on the pond be getting an award too? The fact that their house has not sold has nothing to do with anything other than the economy, I am sure that they did not experience loss in value from this. The property was overpriced from the beginning! This kind of lunacy just drives up energy costs for everyone.
you have no idea what the price of land it if you went to the town an look at the books you will see what its worth an go to the agency that’s selling it an see what its worth it’s based on what other houses an land the same size an location
Actually I do know what things are worth, I work in that business. I am not sure what you are trying to say in your comment?
Out of respect for my neighbors selling a house I do not have my radio antennas in the front lawn . If they gave me a hard time I would puts some pigs in my front lawn lol .
My daughter read it an shes a collage grad an understood it . I know why you said that because you have no come back
You seem to know very little about what you are saying….tax values vary greatly, and brokers often put the asking price at what the seller wants to sell their property for, not a true reflection of true market value. I did check the value at the town office, it is nowhere near what they were asking. BTW, congrats on your daughter going to college…
i stand by what i said
The true worth of land and houses is what someone will pay for it when you want to sell it.
yes to a point would you sell a house why under value
If that house were on the coast in the right spot or at a lake like Moosehead they would be in a position to ask a hefty price for that place. I’ve ridden by it quite a few time going from Lucerne to Green lake in the winter on snow sleds. It’s really nice, but boating and sailing are really limited on that very small pond. It’s too close to the Bar Harbor road as well. There are too many million dollar homes all over Maine that offer far more than this property. It needs to be sold to someone that wants a lot of shore front, does not boat in a big way and works nearby. AKA -A very busy rich doctor with no time to spare.
BFD. Score (almost)
one for the little guy. Went through
this a while ago. BHEC hires contractors to do the clearing & the
contractor needs to be accountable to BHEC who (@ least in this case) will be
held accountable. Gilbert, (Oh excuse me – “the attorney for the plaintiff
– recently learned that the B D N takes exception to using the names w/in their
own stories which is another story not able to be told w/in their own pages…)
will get over 1/3 of the take + his fees. These contractors, that includes BPW
closer to home in this town, could care less, none of them are arborists. Good for these folks. If you want to blame someone for the cost,
blame those responsible.
I think you will see that the attorney gets 1/3 an that includes hi fee i know when i had my motorcycle accident that’s all my attorney got .
An attorney usually gets 25% if the case does not go to court, but rises to 33% if it goes to trial. Expenses incurred for defense are subtracted from the settlement.
Yes but if it dose go to court you half to pay court fees
You are correct. Those fees would come out of “expenses incurred.” I know a guy that had to refinance his house after he lost a case to pay all of the expenses. The lawyer walks away.
how do you know?you don’t know where they get their water from.These people had no right to cut those trees down and you have no right to acuse someone of lying without proof.
I never accused anyone of lying, read the post again….
Bangor Hydro breached the terms of their agreement with these folks and they were held to account by 12 regular people. That’s how issues like this are supposed be resolved. The rant you posted ignores the facts of the case. By any chance are you a Hydro employee?
No, I am just concerned when I see the law used in this manner. This is a rediculous suit that had little merit and will just drive up the cost of electricity.
A protective covenant existed and was purchased, only by and for the Andersen’s. Bangor Hydro new that all the land they purchased was protected. The jury, determined the covenant was broken by Bangor Hydro. The suit was justified.
Again Its,”Lets see what we can get away with”. “We’ll pay the after the fact fine”. The covenants say they cant clear the land, (Which is on the side of a hill) and they did just that. They got away with a slap on the wrist.
Bangor Hydro cleared the land that was covered by the covenant – they had the deed which states the covenant but they didn’t bother reading it before the clearing. This is why the Andersens got the 150K – it is what they paid for the covenant (plus inflation). They didn’t receive anything from the constructors as there was no proof of any changes to their land – such as the “clay in the water” or more noise. They also do not have a well and do get their water from the pond (but don’t drink it). They are also not selling their house, they just thought the value of the house has been reduced, which there was no proof of other than the broken covenant.
So, they got $150,000 for enforcing the covenant? and the Andersons paid for the covenant? Your comment is confusing….. please explain? Thanks, just trying to see your point here. They had their property listed for an extended period, the write up on the property said that they did have a drilled well as a water source….may have used pond water for watering the lawn, plants etc…? Maybe this was misstated? It seems that the other owners of property around Goose Pond may be entitled to receive compensation as well, based on this ruling?
In 1993, the Andersens purchased their property for 500k plus 100k for the covenant. And since Bangor Hydro broke that covenant, they paid the amount the Andersens paid for that covenant plus another 50k for estimated inflation. You are correct that their land has a drilled well, but their land has been contaminated by salt from an old salt shed that was in the area. So they use the pond water for all of their water intake except for drinking – they get bottled water for that. Either way, they still got nothing for any changes that may have happened to their pond water as their was no proof of any pollution… they only got compensated from the breach of covenant by BHE, and nothing from CPM Constructors for lowering property value – which is why they only got 150k rather than 1.5 million. As for the other property owners, I don’t really know if they are suing or not as that was not part of this case.
$150,000 is not nearly enough.
Why don’t these rednecks get a well and pull the sock-covered water line out of the lake?
good lord it’s 2012 for cryin’ out loud, you hicks!!
and how, pray tell, did these folks establish the supposed ‘fact’ that only after the clearing occured that they were experiencing their ‘filter trouble’?
I don’t buy it for a second. These people are straight out lying hayseeds, and they just took the ratepayers in the BHE system for a ride. You can be sure the ‘award’ they were granted will be factored into the next rate increase.
Everyone should give them a honk when you drive by just to say thanks….honk everytime!
If the trees were cut in violation of existing covenants on the land, then Bangor Hydro is liable for whatever damages the cutting caused, plus restoration of the site. “These hicks” have every right to take their water from the lake, just like everyone else who owns waterfront property does – it’s in state law. If you want to know how any facts in the case were established, go look up the case file. And don’t worry about the 150 grand affecting your rates, Bangor Hydro flosses that much out of their teeth every morning after breakfast. You want to be pissed off at someone, how about blaming the ones who created the problem in the first place.
It seems they can not use a well due to a salt contamination in the surrounding area. It is also not a ‘fact’ that the clearing created any sort of change to the pond, which is why they got absolutely nothing for that claim.
You speak as if you know something. You are just an ignorant fool to the facts. For 14 years, they had no filter problems, no clay build up, no appliance failures. In 6 years since, 6 times the number of filters used yearly, 12 appliances replaced (a refrigerator, 4 washers, 2 water tanks, 2 water heaters and 3 dishwashers) on 3 occasions the water pump had to be cleared of clay build up, more than a pint each time. The salt shed that existed across the road from there property contaminated the land (DOT) years ago, so no WELL is even an option.
When you know the facts, Which of the 2 of you sounds like the redneck, hick?
Hogwash
I do not believe in any way cutting trees that is not on your property could decrease value from 2 million to $500,000. Buy these people a well $5 k maybe. This sounds almost like the Andre Cushing ALEC bill takens . Now all the people in Maine are paying for the $150,000 . I was always taught greedy people get nothing. Sue for way more than the real number in damages pay them nothing………………………………….. Sounds like they already have money and want to steal from the poor . Light rates go up because law suits.
Sounds like you don’t have much experience with real estate valuation.
You Are right I have experience in people wanting things handed to them . Rich or poor. my brother had a house trailer burn do to arson with no insurance about 10 years ago . I Took us a month to get rid of the mess . I worked on a new house for a person who said” that bums with the burnt trailer drove down property my cost . ” I called code enforcement to complain several times”. I said I see you have a nice truck did you offer to help? I said I am truly sorry your dishwasher is not working but it is Sunday now . If you would like me to come back it will only take a few minutes I packed my tools and left. Yes they may have lost property value I agree but it they helped in the least bit instead of complained A lot more would have got done sooner . I would have bought my brother pigs If I had known those people were trying to kick someone who was down . You get a lot more with being nice to people.
With a tag like Bobby Henderson, I’m surprised you aren’t better educated. The award of 150K shows that the court was aware that property values have declined everywhere, and that the loss in value to these people was not entirely due to Bangor Hydro’s violation. however, the fact that there was an award shows that the court felt that around 10% of the lost value could be attributed to the problems caused by the tree removal.
What are “the Andre Cushing ALEC bill takens”?
Any more details on this?
And lawsuits happen when big companies breach contracts. So we should let big companies do what they want so they don’t jack rates? That’ll work Just look at the cable company – unregulated and jacking rates all the time even without law suits.
Just how did BHE’s contractor clear the site without alerting the property owners? I would guess two chainsaws,a skidder, bulldozer and a couple of log haulers and chippers would be enough to tip the rusticators off. But wait. They just won a nice gift from blind justice. A con job.
they should plant some hardwood trees on the cleared land. I think the jury made the right call. I own more than double their acreage with 900 feet of waterfront and its no way near worth 2 million.
What is the difference between a dead dog in the road and a dead lawyer? There are breaks marks before the dog.
What is Gilbert’s cut?
This is a drop in a bucket to bucket to BHD.
I see both sides.
As a former resident of Dedham and friend of folks who lived on Goose Pond I do sympathize with the
Anderson’s to a point. Goose Pond was a secluded place that landowners paid big bucks for thier privacy. When the road was rebuilt (much needed and I support) the clearcut exposed the pond and making public interest in going down Gander Road more appealing. The road needed to be imporved for sure but why did so many trees have to be removed? I do not think that land value was decreased as much as the Anerson’s claim.
Sounds like the EPA should be involved in this case as well.
I think the EPA would only have jurisdiction if Federally protected waters were involved.
All waters of the US are federally protected under the jurisdiction of the Army Corps of Engineers. Trees around the waters, however, are not.
Thanks, you had some really good information pertaining to this story.
i know this is completely off topic,but is anyone else getting malware alerts from their anti virus when they go back to the BDN main page from a news story?
edit- double post…