BRUNSWICK

A piece of Brunswick coastal property will likely sell fast, despite being in the center of a legal dispute between the town and residents who hoped for a public park on the land.

“It’s not going to take long to sell it,” Paul Clark III said on Wednesday, regarding the 4-acre parcel on 946 Mere Point Road.

Clark and his son, Paul Clark IV, of Morton Real Estate in Brunswick, are the co-lead brokers for the property.

Clark said his office has shown the land numerous times, and that other companies have also shown the property to prospective buyers.

The public can view the property at their will.

The tax-acquired land is listed for $335,000. Clark did not say whether a formal offer has been made, deferring the question to Town Manager John Eldridge. On Tuesday, Eldridge said there was interest in the town-owned land, but declined to elaborate.

Real estate website Trulia describes the parcel as a westerly-facing waterfront lot on Maquoit Bay, and that the land could be sub-divided. The description notes an existing structure on the property in need of major renovation, and offers grandfathered benefits.

Code Enforcement Officer Jeffrey Hutchinson confirmed the structure on the property has a grandfathered status with its proximity to the shoreline, as it was constructed before the town’s zoning ordinance was created. The building sits 90 feet from the shore, and the setback requirement for new buildings is 125 feet.  The lot could be subdivided into two pieces, with the requirements each parcel be 20,000 square feet in size, he said. 

Clark said the majority of people he has shown the property to have been former Maine residents that grew up in the state and are looking to return to the area. He said individuals working toward creating the public park have not viewed the property with his company.

Following a failed attempt to have the land be turned into a public park, a group known as Brunswick Citizens for Collaborative Government filed a lawsuit against the town in February. The suit claims the town council violated municipal law by failing to set a referendum after a 1,100-signature petition was presented to the council. A Cumberland County Judge is expected to issue a ruling in three to six months, according to the parties.

The council voted 5-4 to sell the property in September

2016, and voted 7-2 to do so without considering the petition in February.

The case hinges on the interpretation of the town charter.

In an earlier interview the plaintiffs’ attorney, David Lourie, said his clients are in a foot race with the town, as he expects Brunswick will move to sell the land before a decision is reached by the court.

However, Lourie said the case will continue even if the land is sold before the suit is resolved, because the town tried to deprive the people of an initiative.

The suit alleges the town’s narrow reading of the charter has a chilling effect on citizens’ First Amendment rights to initiate an ordinance.

In a previous interview, Town Attorney Stephen Langsdorf said the thrust of the town’s argument centers around the fact that a council can act in two ways — either through an ordinance, which is an ongoing law and subject to challenge via petition; or through an order, which is a one-time action and not open to petition. He argues the decision to sell the property was an order, and therefore, not subject to be overturned by referendum. The only way for the order to be changed, he said, is for the council to voluntarily put the decision to a citizen vote, which they are not obligated to do.

jlaaka@timesrecord.com

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