Westport Island and several of its officials are defendants in a court appeal a Colorado couple has brought. Leslie Lilly and husband David Wollins claim that stones the town wants moved are on their driveway, not a town road.

The civil case is one of a pair of new developments linked to the town’s efforts to clear items from areas it maintains are parts of a town road. In the other development, Barbara and Albert Greenleaf Jr. have answered Westport Island’s August court complaint that claims they have debris in a public right-of-way.

Both the town’s case against the Greenleafs, and Lilly’s and Wollins’ case against the town, its selectmen, Code Enforcement Officer Gary Richardson, Road Commissioner Garry Cromwell and his business G & D Cromwell involve issues with Baker Road. The Greenleafs’ property is on the road’s west end; Lilly’s, on the east end, the town’s attorney William Dale said Oct. 9.

Brunswick attorney Justin Andrus is representing Lilly and Wollins. He said his clients’ view and the town’s are inconsistent with each other; sometimes it takes an outside party to resolve a disagreement, he said when asked why the case was brought.

Andrus had no further comment on the complaint, filed in Lincoln County Superior Court in Wiscasset on Sept. 30.

According to the complaint, the property’s driveway has been in use since the 1700s; it and the rest of the property have been put on the National Register of Historic Places as a homestead; and in 1965, then-First Selectman Edwin Cromwell installed horse fencing along the driveway’s edge.

“(The) driveway is not land designated by the Town of Westport ... as a town way,” the complaint states. It claims the town destroyed a monument on the property, came onto the property to move wagon wheels and logs that blocked access to fields, made a threat against the couple’s home, and threatened to contact the Environmental Protection Agency over a septic issue.

The couple claim they, not the town, maintain the driveway, including its grading, ditching, filling, mowing, fencing, electrical service, plumbing and landscaping; and that in 2003, they paid more than $3,000 for Cromwell and G & D Cromwell to place large boulders along the driveway’s southern edge. Instead, Cromwell and the business put the rocks in the field and did not move them when asked, the complaint claims.

It asks the court to declare the driveway is not a town way, have the town get the couple’s permission before coming onto the property, and bar the town from removing items.

Dale said he had seen the complaint Lilly and Wollins filed; he had no comment on it.

Reached Oct 11, First Selectman George Richardson said about the couple’s complaint, “We gave them a certain amount of time to remove the stones and they have chosen to litigate, so we’ll see what happens.”

Richardson’s co-defendants, Cromwell, Second Selectman Gerald Bodmer and Third Selectman Ross Norton declined to comment.

Co-defendant and Code Enforcement Officer Gary Richardson did not immediately return a message.

In the dispute on the other end of Baker Road, the Greenleafs are denying the town’s claim that they put debris in a town right-of-way to try to expand their property. They also deny impairing safe passage on the road and causing erosion on a property across the road from theirs.

The Greenleafs’ response, filed Sept. 24, asks the court to toss out the town’s case and award the couple their legal and other costs.

In its suit filed Aug. 14, the town has asked the court to confirm the boundaries of the town’s right-of-way, order the Greenleafs to remove the debris at their expense and pay the town’s legal costs, and bar the couple from placing debris there.