ROCKLAND, Maine — A judge said Monday that the state could have taken different actions when it sold the house of a Rockland man in its care for substantially less than its value, euthanized his cat and sold off many of his personal belongings.
Justice Andrew Horton also said that the results of the state’s actions were “disastrous.”
The judge made the comments during a more-than-3-hour hearing Monday at the Knox County Courthouse on motions related to two lawsuits filed against the state in connection with the January 2013 sale of William Dean’s oceanfront home in Owls Head.
The state is seeking to have Horton rule in its favor without having to go to trial to defend itself in two lawsuits. The judge did not rule immediately but said he would issue decisions soon.
Representing the state, Assistant Attorney General Chris Taub said he disputes many of the claims made by the family members but that those issues are irrelevant because the Maine Legislature made it clear the state is immune from such lawsuits.
He said the cottage in Owls Head that was sold by the state was not worth the value assessed by the town and that an adjacent property was in such deplorable condition it discouraged some potential buyers. He added that there also were other problems with the Dean property that was sold.
At issue are actions taken by the state after Dean was hospitalized for mental health problems in May 2012 and after September 2012 when the Maine Department of Health and Human Services became the conservator of his finances and properties, which included a home in Rockland and the Owls Head cottage.
Attorney David Jenney, who represents Dean’s estate, repeated Monday that his client was impoverished by the state’s actions while he was a ward of the state. Dean had $654,000 worth of real estate that was free of mortgages in September 2012, but less than a year later he was down to $20,000 in assets.
Dean’s property on Castlewood Lane in Owls Head was sold by DHHS to James Taylor of Massachusetts in January 2013 for $205,000, even though the town had the property assessed at $476,840. The property consisted of 1 acre with 100 feet of shore frontage and a two-story, 1,000-square-foot cottage.
Taylor’s attorney, Zachary Greenfield, said his client paid a fair amount for the property. He said his client spent an additional $200,000 to make it habitable, including for new wiring, mold remediation, a new well, a new septic and drainage work. He also pointed out that a rat-infested, rotting tugboat on the neighboring property had discouraged potential buyers.
The property is now assessed by the town at $478,450.
Attorney Cynthia Dill, who represents Dean’s sister Claire Dean Perry in a separate lawsuit, said the state kicked her out of the family home, sold her belongings, and now the new owner rents the property for $3,500 per week and markets it showing a painting that belongs to Perry.
Perry’s lawsuit seeks damages from the state for its sale of the property in which she had an interest, for allowing pipes to freeze and burst at the Rockland home that led to a massive outbreak of mold, and for the sale of personal items.
Attorney David Jenny represents Dean’s cousin Pamela Vose who replaced DHHS as the conservator of Dean’s estate in August 2013 after the state had sold off the Owl’s Head house and most of his personal property and had euthanized Dean’s cat, Caterpillar.
Her lawsuit seeks to void the sale of the Owls Head waterfront property.