The town of Edgecomb is looking to resolve a longstanding land use ordinance dispute with a Gleason Road property owner June 28 in Wiscasset District Court. The town petitioned the court in April seeking a contempt of court ruling against the Stephenson Marine Trust which owns the property and trustee Timothy Stephenson, 52, of Southport.

In 2013, the selectmen and Stephenson entered into a consent agreement requiring the property owner meet several requirements to avoid paying the full $25,000 settlement. The agreement required the Trust pay $5,000 immediately and the remaining $20,000 would be waived if two deadlines for removing debris were met.

Stephenson met the first deadline by removing debris from the property’s front section. But the two parties disagree about whether he fulfilled the remaining requirements. On March 14, Edgecomb selectmen directed town attorney Bill Dale to begin contempt of court action against the Stephenson Marine Trust and Stephenson. The selectmen complained about several large pieces of heavy mechanical equipment — such as a 75,000-pound excavator — being on the property.

According to selectmen, Stephenson has never abided by the consent agreement. The selectmen are proceeding with the lawsuit because they perceive the property’s appearance has worsened. On March 14, Dale described the property’s back section as looking like an “unpermitted junkyard.”

The selectmen said lobster traps once neatly stacked are now strewn along the back section, and a Ford Excursion, a large sport utility vehicle, is now on the property.

“The site is in total disarray,” Selectmen’s Chairman Jack Sarmanian said during the March 14 selectmen’s meeting.

In March, Stephenson disagreed with the board’s assessment. He said his property is located in a commercial zone and heavy equipment and utility vehicles are allowed on the premises.

“I’m aware of the deadlines and complied with every one,” he said.

Stephenson began butting heads with town officials shortly after he purchased the property. In 2005, he bought it for $73,000. He planned on using the property for a wood processing and rock crushing operation. Those plans were stymied when he was unable to obtain town and state permits.

Stephenson failed to obtain Maine Department of Transportation approval for a  commercial entrance permit. The application was denied because the Gleason Road property doesn’t have the minimum 840 sight distance. According to a DOT letter, the property’s sight distance is 353 feet.

Stephenson inquired with the Edgecomb planning board about his business plans prior to purchasing the property.

“They indicated my plans were compatible with the zoning and that’s why I bought the property. They also didn’t seem to think I’d need the commercial entrance permit,” he said in a court affidavit filed this spring.

The town pursued a court ruling against Stephenson in December 2012 for violating Rule 80 K of the state’s Land Use Citation and Complaint statute.

The two parties last met in April 2015, but they couldn’t reach a mutual understanding concerning the consent order’s status.

Stephenson said the four-year battle with town officials has cost him both money and good health. In March, Stephenson estimated he paid over $10,000 in legal fees. In 2014, he suffered a stroke. 

“This has cost me a lot. The stroke was caused by undue stress brought on by all this. And I recently had an eye blowout,” Stephenson said in a court affidavit submitted in May.

Stephenson also alleged in court documents he has suffered between $3 million to $5 million in damages. His lawyer, Elliot Field of Wiscasset, said the damages and an allegation the town hasn’t refunded an overpayment of taxes has nothing to do with the upcoming case.

“It was included because we wanted to make the judge aware of the toll this has taken on him,” he said.

Field said his client may seek damages as part of his own lawsuit against the town.

On Sept. 18, 2013, the two parties executed a consent order. The agreement required Stephenson not to engage in mining or mineral extraction or engage in commercial wood processing without planning board approval. Stephenson was required to submit applications prior to Dec. 1, 2013. 

He submitted both applications, but Stephenson didn’t receive approval. Court documents reported the planning board ruled both applications were incomplete.

Stephenson was also required to seek select board approval for obtaining an automobile graveyard/junkyard permit. He was required to submit an application by Dec. 1, 2013. Stephenson was also required to remove all junk motor vehicles, boat haulers, wooden pallets and foreign objects by Nov. 1, 2013.

The final requirement was to “neatly stack” all lobster traps on the property.

In March, Stephenson said he felt compelled to accept the deal.

“I was afraid if I didn’t then the town wouldn’t approve my permits,” he said.

Stephenson believes the town’s contempt of court action is more about “an unhappy neighbor” than his violating the consent order. His neighbor is current Selectman Mike Smith.

“If they’re complaining about the lobster traps then I know who is making the complaint. This is all because his wife (Smith) doesn’t like looking out the window seeing the lobster traps in the backyard,” Stephenson said during a March interview.

Smith was elected as a selectman in 2015 which was nearly three years after the town took legal action. In March, Smith said he wrote one letter complaining about the appearance of his neighbor’s property.

On March 14, Dale advised the board seek a contempt of court action because the defendant would likely pay all court costs and further waiting may result in the judge wondering why the town took so long seeking enforcement.