CUSHING, Maine — The owner of a waterfront cottage has gone to court claiming the town’s “ruthless interference” has prevented her from selling her property.
An appeal was filed Tuesday in Knox County Unified Court on behalf of Sue Fisher, who claims the planning board has illegally retroactively placed her property in a more restrictive zone. At the same time, her attorney Robert Stolt filed a motion asking the court to put the appeal on hold as he tries to negotiate a settlement with the town.
The attorney said his 80-year-old client wants the town to grandfather her property.
Fisher received approval in 2002 from the planning board and code officer to build the cottage located near Maple Juice Cove. The property was located in a limited residential zone, and the chairman of the planning board at that time, who also was the code officer, selected the site for the woman to build on her lot and oversaw the cottage’s construction.
In 2009, the town amended its shoreland zoning ordinance and its shoreland map, the court filing states.
In December 2014, Fisher reached an agreement to sell the property but when the buyer checked with the town, the planning board stated the 2002 action by the previous board allowing construction of the cottage had been a blatant error.
But Stolt argued in the court appeal that the shoreland map, which was redone in 2009, contained inaccurate information about the steepness of the slopes on Fisher’s property. If the map was accurate, construction would not be prohibited, he said.
He also said his client’s property should not be in the restricted resource protection zone.
Stolt said the town has put Fisher through a maze during the past year. He said the town initially wanted Fisher to move the house, but she has refused. He said the latest request by the town is for Fisher to seek a change in the zone at town meeting so she would conform with municipal ordinances.
The attorney said Fisher has provided the planning board with evidence the cottage should not be in the resource protection zone but that the material has been ignored.
The appeal argued that the planning board’s action has caused her significant economic harm. Stolt said the potential buyer from 2014 has given up on buying the property because of the uncertainty.
In addition, the town’s zoning board of appeals would not hear her case, the appeal stated.
Fisher is asking the court to reverse the planning board’s action and determine she meets the regulations that were in place when she built the cottage. She is not seeking monetary damages.
Selectman Daniel Staples said Wednesday that the town has not yet seen the court filing and had no comment.