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New Shoreham council authorizes litigation over wall built on town property
Summary
The New Shoreham Town Council voted by voice to authorize legal action after learning the property owner whose wall encroaches on town land declined to remove it and instead proposed an easement or donation; council asked staff to attempt further negotiation before filing an ejection action in superior court.
The New Shoreham Town Council on Wednesday moved to authorize litigation regarding a stone wall that was constructed on town property (Plat 3, Lot 120‑8) after town counsel reported the property owner is unwilling to remove the structure.
Town Solicitor James (presenting to the council) told members that the owner’s attorney has indicated the owner will not move the wall but is open to negotiating an agreement that would allow continued use without affecting title — possibly by granting an easement or making a donation to the town. Counsel said the formal next step, if negotiations fail, would be an ejection action in superior court seeking an order requiring removal of the wall.
Councilors debated whether staff should first make additional direct contacts with the owner’s attorney to seek a negotiated outcome. One councilor urged more conversation before initiating litigation, saying lack of communication was a root cause of the dispute. The solicitor agreed staff could make an additional outreach.
After that discussion, the council moved and, by a voice vote, authorized staff to pursue litigation on the matter. The motion was announced as passed by voice; no roll‑call vote or individual tallies were recorded in the meeting transcript.
What happens next: staff said they will attempt further discussion with the property owner’s attorney; if no agreement is reached, the town’s legal filing would likely be an ejection action in superior court seeking removal of the wall. The council did not set a public timeline for filing.
