Orrington, landowners settle lawsuits over beaver dam breaches
| By Dawn Gagnon, Bangor Daily News, Maine | |
| McClatchy-Tribune Information Services |
In filing the lawsuits in 2012, the town hoped to recover the money used to repair the road from the landowners' insurance companies.
Instead, the town received easements from the property owners, giving the town access to the dam for the purpose of inspection and, if needed, maintenance, Town Manager
A stipulation of dismissal of the lawsuit and all related claims -- with prejudice and without cost -- has been authorized by all of the parties involved, according to court documents.
"The issue is resolved. I'll leave it at that," White said of the settlement agreement and release agreements, which were discussed during a
The lawsuits against
The approximately 30-foot-wide breach temporarily wiped out
The town paid
The 80-foot beaver dam also burst on
The cost for the town to repair the road after the 2001 break was around
Golding said Wednesday that the town claimed among other things that she was in part to blame for the breaches because she allowed vegetation that is attractive to beavers to grow on her property.
"Putting measures in place to ensure that
"What has been learned is that landowners cannot be held responsible for beaver-related natural conditions," she said. "The dismissal agreement states that next steps should include a public hearing prior to any action taken by the town."
Golding said the wetland area attracts nature enthusiasts who would like to see the return of water levels high enough to bring back the loons and other wildlife missing since the 2012 beaver dam break.
"With input from both experts and townspeople, perhaps a solution can be found that will accomplish both that goal and the goal to ensure road safety," she said.
"I'm glad it's over,"
"It just sounded like a losing lawsuit and it cost the town a lot of money," he said. "I would have gladly given them permission [to access land near the dam] without the lawsuit."
Legal costs to the town were about
After the first breach, the town "put the defendants on notice that the beaver dam, and the water impounded thereby, constituted a public nuisance that -- if not abated -- was likely to fail again causing additional damage, for which they would be responsible," court documents filed in
The town alleged that the Pelletiers agreed to fix the problem after the 2001 flooding and filed an additional claim. The town also claimed that the Pelletiers agreed to the installation, maintenance and monitoring of a "beaver deceiver," a device resembling a culvert that is designed to control the water level. The equipment was installed after the first breach but over the years the beavers filled the device with sticks and it eventually failed, White said earlier.
After the second breach,
There currently are no beavers at the dam location, White said Wednesday.
___
(c)2014 the Bangor Daily News (Bangor, Maine)
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