A private airstrip in Gorham cannot block a public easement over an abandoned road, a Cumberland County Superior Court judge ruled last week – five years after the suit was first filed.
The lengthy dispute began in September of 2001, when Alysan and Allyn Caruso, doing business as C & C Family, LLC, started construction on an airstrip on large parcel they owned off Fort Hill Road. They halted work, however, when the town issued a stop-work order that same month. The Gorham Town Council voted in 2002 that the airstrip blocked a public easement over an abandoned part of Rust Road, and ordered it removed within 30 days.
The Carusos then appealed the 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. Ron Schneider, an attorney for Rusty Knoll, said the abandoned road, which was a major road in the late 18th century, provided the only access to a wood load owned by Rusty Knoll.
Superior Court Justice Thomas E. Delahanty II heard the case, which also included a site walk in June of 2005.
Delahanty’s decision determined that the airstrip was constructed without permits and violated the town’s code. He 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.
His decision also said the plaintiff couldn’t restrict access of Rust Road to the public.
Delahanty 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.
Delahanty’s decision was signed on Feb. 26. There are 21 days to file an appeal to the Maine Supreme Court.
John Wall, attorney for the Carusos, said they are still reviewing the decision and weighing options. “There hasn’t been a decision made about whether or not to appeal,” Wall said.
“We’re gratified that the judge concluded the road retained the public easement,” said Schneider.
“The town is pleased that the court concurred with the town council’s action,” said Bill Dale, Gorham’s town attorney.
In a letter from Dale, Gorham officials learned of Delahanty’s decision. “The town is pleased with the judge’s order, although not surprised,” Gorham Town Manager David Cole said Thursday.
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 didn’t award costs or attorney fees to either party. Cole said he didn’t have an estimate of the costs incurred by the town.
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