News of Falmouth, Cumberland, North Yarmouth, Yarmouth and Freeport

By Jan Grieco
October 28, 1999

YARMOUTH - The state formally took possession Tuesday of a Cousins Island parking lot here that has been at the heart of a long dispute between this town and neighboring Cumberland over ferry access to Cumberland's Chebeague Island.

The Maine Department of Transportation filed documents in the Cumberland County Registry of Deeds to record its eminent domain seizure of the 1.4 acre so-called Blanchard's Lot, and promptly leased the lot to the Town of Cumberland.

But the attorney for the lot's former owner, Nancy Blanchard, said he is pressing a lawsuit to overturn the seizure.

Unless the seizure is overturned, it appears to clear the way for resolution of almost a half-century of bitter squabbling between residents of two island communities.

The Cumberland Town Council, acting quickly on the then-pending transfer of the lot's ownership, voted unanimously the previous day - Monday - to accept the state's offer of a dollar-a-year lease of the parking lot, which Town Manager Robert Benson signed Tuesday and delivered to Maine Transportation Commissioner John Melrose.

The Cumberland Town Council has also subleased the parking lot to the Chebeague Transportation Co., which provides round-trip ferry service between Chebeague Island and Cousins Island, which is connected to the mainland by a bridge. The lot will provide parking for 165 year-round Chebeague Island residents.

The actions do not require approval by the town of Yarmouth, although the Blanchard Lot is located in Yarmouth and the town is named as a beneficiary in the leases.

In related decisions, the Cumberland Town Council also voted to sublease to the ferry company a 300-car satellite parking lot currently under construction on Route 1 in Cumberland and to approve a cost-sharing agreement between the town and the Maine Department of Transportation. The agreement assigns 20 percent of the cost of improvements - which include three new commuter buses for service from the Route 1 lot to the wharf, engineering and design services for the wharf and wharf head on Cousin Island to accommodate bus turnaround and to Wharf Road, acquisition and improvements to the Blanchard Lot - to the town.

The state's seizure of the Blanchard Lot came about after its previous owner, Blanchard, a Brookline, Mass. Resident whose family has owned the lot for almost 150 years, announced that she would not renew the Chebeague Transportation Co.'s lease of the lot when it expires at the end of this year.

Transportation Commissioner Melrose subsequently warned that the ferry service to Chebeague Island is an essential public service that must be maintained, even if this means state seizure of the lot - as well as Yarmouth's Wharf Road and the town-owned wharf - to guarantee continued operation. Thus far, there has been no effort by the state to seize the road or the wharf.

Anticipating the parking lot seizure, though, Blanchard's attorney, David Lourie of Cape Elizabeth, filed a lawsuit in Cumberland County Superior Court on Oct. 20, asking for a preliminary injunction and a temporary restraining order blocking the seizure.

The motions were both denied by Justice Robert Crowley, who said Blanchard failed to prove she would suffer irreparable damage of the state proceeds to seize her parking lot.

But Lourie said many other issues need to be decided before the state prevails, and said he is optimistic about the outcome. He is being assisted by Patrick Sharkey of the Boston law firm of Mintz, Levin, Cohn, Ferris, Glovsky & Popeo.

The two attorneys believe Melrose lacked authority to seize Blanchard's property, and even if he did using it in this situation would be an abuse of power.

Lourie said he also believes the seizure violates the state and federal constitutions, which he contends ban the taking of private property by the government for private use.

He also said the price offered by the state for the parking lot - $600,000 - is low, although Blanchard had earlier appeared to agree to it in discussions with the state about a "friendly taking" of the land. Now, Lourie says the land, especially when used as a parking lot, is worth twice that amount.

Ron Roy of MDOT said Tuesday that his department had not been notified of any further court filings by Blanchard.

Blanchard's lawsuit is making members of the Cumberland Town Council cautious, but not reluctant to move forward. During Monday night's meeting, the council discussed Blanchard's suit with town attorney Kenneth Cole in executive session, and said it will hold a special executive session meeting Thursday night at 7 p.m. to discuss it further. Cole told the town council that according to an assistant attorney general, Cumberland is not liable for any of the costs of litigation that the state might incur.

For more information, call CTC at 207-846-3700 or send e-mail to: ctc@nlis.net.

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