Westport Island will appeal a justice’s decision in a lawsuit against the town and will allow a mural to be painted on the foundation of the sand shed, voters decided at a June 23 town meeting.
With 56 registered voters in attendance, the first article approved directed the town to move forward with an appeal to the Maine Supreme Judicial Court on the Baker Road lawsuit brought against the town by Leslie Lilly and David Wollins. There were only three votes in opposition.
The town’s attorney, William Dale, said the Maine Superior Court justice was wrong in ruling against the town on the ownership of a portion of road, claimed by the couple as their driveway and by the town as part of the town-owned Baker Road.
According to Dale, Baker Road was approved at town meeting in 1785, when Westport Island was part of Edgecomb, and the town has maintained the road over the years.
Dale told the voters he thinks the town has a 75 percent chance of winning an appeal.
Asked why the judge ruled in favor of the Colorado couple, Dale said, “The judge didn’t believe the road was mapped out in 1785, or the road commissioners who said the town had maintained the road over the years.”
“My usual rate for this appeal would be $25,000, but I was so mad with the decision, I will only charge the town $15,000 to appeal,” Dale said.
The article also includes $23,550 in potential legal fees for Lilly and Wollins.
Dale said Lilly and Wollins have asked the court for these legal fees, and the decision has not been made yet. He said there is no provision under the law for their request to be granted.
After close to a half-hour of discussion, the voters approved the article overwhelmingly.
Voters also agreed to allow Bailey Bartlett to paint murals on the west side of the sand and salt shed’s cement foundation. Bartlett told the voters she would maintain the paintings at no cost to the town.
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