A Cumberland County Superior Court judge ruled this week that a private airstrip in Gorham couldn’t block a public easement over an abandoned road.
Court documents said C & C Family, LLC, began construction of an airstrip on its property in September 2001 but complied with a stop work order issued by the town. In May 2002, the Gorham Town Council determined that a portion of the airstrip obstructed the public easement over an abandoned part of Rust Road and ordered it removed within 30 days.
Alysan and Alan Caruso, acting as C & C Family, LLC appealed the Gorham Town Council’s decision in court, naming the town of Gorham and Rusty Knoll Farm, acting as Rusty Knoll Holdings, Inc. as defendants. Rusty Knoll claimed the airstrip blocked access to land it owned. The case, which included a site walk, was heard in the summer of 2005
In a letter Thursday from the town’s attorney, Gorham learned of the decision by Superior Court Justice Thomas E. Delahanty II. “The town is pleased with the judge’s order although not surprised,” Gorham Town Manager David Cole said Thursday.
Delahanty’s decision said Rust Road from Fort Hill Road (Route 114) to the Little River was established as a public way in 1789. He said the town retained a public easement although the road had been abandoned.
Cole said the town had presented clear evidence. “The town contended that the road had been discontinued by abandonment sometime after the early 1980s and that a public easement remained on the road,” Cole said.
Delahanty’s decision determined that the airstrip was constructed without permits and violated the town’s code and gave the plaintiffs 60 days to begin the permit process for an airstrip or remove the airstrip within 120 days. If Gorham denies a permit, the airstrip would have to be removed within 60 days.
Delahanty didn’t award costs or attorney fees to either party. On Thursday, Cole didn’t have an estimate of the costs incurred by the town.
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