A Maine man who used a tractor to cause $52,000 in damage to a road that was about to be paved has lost his criminal appeal. But he may be off the hook for restitution.

The state supreme court on Tuesday upheld Bruce Pelletier’s conviction for aggravated mischief for his actions during a property ownership dispute in 2016 in Frenchville.

The town had graded the road, laid geotextile fabric and applied two layers of stone and gravel in anticipation of paving Pelletier Avenue. That was before the defendant fired up the tractor and dug up a portion of the road with a farm implement.

Pelletier was sentenced to 10 days in jail. The state supreme court declined to rule on a state motion to “correct” the sentence because there was no restitution.