By Amanda Estes

Staff Writer

While several Cape Elizabeth residents seeking to stop the city of
South Portland from blocking their access to a discontinued portion of
Edgewood Road have yet to have their day in court, a judge has issued a
decision in a related dispute between the city and the Maine Municipal
Association.

In 2000, developer Joseph Frustaci received permission from the Cape
Elizabeth Planning Board to build the Blueberry Ridge subdivision on a
lot abutting the end of Edgewood Road, which straddles the boundary
between Cape Elizabeth and South Portland. During that same year, the
South Portland City Council voted to discontinue the final 25 feet of
Edgewood Road to alleviate residents concerns about the traffic and
safety issues that could result if Frustaci was allowed to go ahead
with plans to connect the subdivision to their street. When the city
barricaded Charlotte Street, which was to connect Blueberry Ridge and
Edgewood Road, Frustaci sued for the adverse impact to his property. In
2005, he was awarded $380,000. With interest and other fees, the city’s
total payout was roughly $523,000.

Since that time, the city has been in a dispute with the Maine
Municipal Association – the insurer of the road – regarding its
liability in the case. The city was seeking to be reimbursed for half
of the expenses, or roughly $261,000.

On Tuesday, following an executive session on Monday night, City
Attorney Mary Kahl said the judge issued a decision siding with the
Maine Municipal Association last week. Kahl said the city will appeal
the judge’s decision, adding there is not much legal precedent to draw
on in this case.

The executive session also included discussions regarding the pending
litigation involving Cape Elizabeth residents.  Daniel Maguire and
Debra Sampson of 59 Edgewood Road and Christopher and Jane Boulos of 60
Edgewood Road, earlier this year discovered the easements that were to
be issued in 2000, granting them access over the discontinued portion
of Edgewood Road, were never issued.

The city maintains that because the easements were never issued it does
not need to recognize the Cape Elizabeth residents’ claim of access
rights. The residents maintain the assumption of such rights by all
sides for some years gives them the force of law.

Earlier this summer, the city said it would not take action to close
the road before Sept. 15, in order to give the court time to schedule a
hearing. That date has been pushed back to April 1, Kahl said.

“We have not gotten to a hearing yet and we recognize that the
Cumberland County docket is just very, very heavy and we’re also
looking at construction season here,” Kahl said.

The city plans to build a curb across the road at the municipal
boundary in order to stop cars from entering South Portland over the
disputed section of road.

Although not aware of the executive session, the residents’ attorney,
Bruce McGlauflin said, “The city and the plaintiffs have filed a joint
stipulation of facts and we’ve also both filed our briefs on the
arguments.”

“The only thing left to do is have some brief testimony,” he said. “I’m anticipating the only witnesses will be my clients.”