The Edgecomb Board of Selectmen is seeking a contempt of court ruling against a Gleason Road property owner in hopes of resolving a longstanding land use ordinance dispute.

Selectmen Jack Sarmanian and Mike Smith directed town attorney Bill Dale on March 14 to file suit against the Stephenson Marine Trust. The selectmen claim the property owner failed to abide by a 2013 agreement.

In 2013, the town entered into a consent agreement with Southport resident Timothy Stephenson, 52, who represents the trust.

Stephenson said he bought the property in 2005 for $73,000. He planned on using the property for wood processing and rock crushing. He later created a trust to manage the property’s interest. Since purchasing the property, those plans were stymied by not receiving municipal and state permits, he said.

Stephenson has stored several large pieces of heavy mechanical equipment such as a 75,000 pound excavator on the property. According to selectmen, the property’s appearance has worsened in the last year. The selectmen noted the lobster traps, once neatly stacked, were strewn along the property’s back section. And a Ford Excursion, one of the largest and heaviest sport utility vehicles in North America, is now on the property.

On March 14 the selectmen complained how the property’s back section still looks like an unpermitted junkyard.

“The site is in total disarray,” Sarmanian said.

In 2013, the town sued the Stephenson Marine Trust for violating the municipal land use ordinances. The two parties entered into a consent agreement where Stephenson agreed to pay $25,000. He paid $5,000 immediately. The remaining $20,000 would be forgiven if he removed additional debris by two deadlines.

But according to town officials, neither deadline was met. The consent agreement also prohibited Stephenson from re-establishing a mining extraction on the property or wood processing without planning board approval.

Stephenson disagreed. Stephenson said he’s abided by the ruling and should be freed from the consent agreement. “It’s a commercial zone and it’s commercial equipment. So it’s fine that they remain on the property.”

The two parties last met in April 2015. Both parties claim they haven’t heard from the other in almost a year. Dale surmised the lack of communication is due to Stephenson’s and his lawyer’s, Elliot Field, health issues.

Stephenson suffered a stroke last year. 

“He (Field) is still my lawyer and representing me on this matter. I’m one of his last clients before he retires,” Stephenson said. “The problem is we haven’t heard from the town. We’ve sent several emails to lawyer Dale, but he hasn’t responded.”

On March 15, Stephenson said he didn’t know the town was pursuing a contempt ruling.

“This is the first I’ve heard of it,” he said.

Dale met with the selectmen on March 14 to see how the board wanted to proceed on the matter. He advised pursuing a contempt ruling because the judge would require the defendant to pay all court costs. 

“If town waits and acts six years from now you risk the judge asking why now? So it’s better seeking a contempt violation now,” he said. “Also courts take a dim view of those who don’t abide by court rulings. So the penalty for contempt is tougher than a land use violation.”

In 2013, the town took legal action against the trust at the urging of Stephenson’s Gleason Road neighbors, according to the selectmen. One neighbor is Mike Smith, a current selectman. Smith disclosed during the meeting his property bordered the trust.

Smith didn’t believe he had a conflict of interest because it happened before his election. Smith was elected in May 2015.

Dale and Sarmanian agreed the selectmen could discuss the matter without conflict.

When asked if he was one of the neighbors complaining about the trust property’s appearance, Smith, said “My wife’s property is to the south and I’ve made an appropriate amount of conversation with the town.”

Stephenson believes Smith has a conflict of interest.

“I have the paperwork dating back 10 years. He went to the selectmen saying I was running an illegal junkyard and making a total mess of the property. This is all because his wife doesn’t like looking out of the window and seeing the lobster traps in the back yard,” Stephenson said.

Stephenson claims Smith is responsible for the town pursuing legal action against him. In 2013, Stephenson said Smith sent a complaint letter and photographs requesting the town take action. On March 14, Smith said he wrote one letter, but didn’t submit any photographs.