Residents suing Aroostook town over land swap deal|
A group of 11 Allagash residents have filed a lawsuit in Aroostook Superior Court against the town and two landowners over what they claim was an unlawful land swap deal.
In 2023, landowners Bobby and Cindy Hafford approached the selectboard regarding a sliver of land they claimed they owned next to the Allagash town office, according to the lawsuit. A portion of the Hafford’s parcel was often used by fire trucks to get to and from a garage at the rear of the property.
The Haffords said they would swap their property for a piece of a larger field owned by the town located behind the town office, according to court documents.
Although the town selectboard did not have the authority to execute the deal, they held a meeting in 2023 without posting an agenda or giving public notice, said attorney Kristin Collins, who represents the residents who filed the lawsuit. At that meeting, the selectboard voted to swap the field behind the town office for a release of the Haffords’ claim to the sliver of land adjacent to the building.
By holding an improperly noticed meeting to conduct the town’s business, the selectboard violated the Maine Freedom of Access Act and exceeded its constitutional and legislative authority by not seeking town meeting approval to make the swap, as required under Maine law, according to the lawsuit.
Additionally, the selectboard never requested an opinion from the town attorney or a title search before issuing the deed for the allotted portion of the town field which is larger than the Haffords’ piece of land, the filing said.
Court records also indicate that the town admitted the selectboard did not call a town meeting relating to the conveyance and subsequent recording of the deed.
In their filing, the residents claim that because the selectboard approved the land swap deal without authority it is null and void and they are seeking resident input and approval on future actions.
The residents filing the action are Alison M. Bartlett, Betty J. Gardner, Roy Erik Gardner,
Casey J. Hafford, Clayton N. McBreairty, Dale J. O’Leary, Daphne J. O’Leary, John B.
O’Leary, Josie M. Pelletier, Mable L. Pelletier and Patricia E. Pelletier.
Repeated attempts to reach town officials at the town office for comment on Tuesday were unsuccessful.
The town has posted a notice that there will be a 6 p.m. meeting at the Allagash Community Center on Friday, Dec. 6 to explain the land swap deal with the Haffords.
This story was updated to include the names of those suing the town.
