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Resident asks Hallowell council to pause permits amid dispute over Outer Central Street ownership
Summary
Homeowner Mark Keith told the council he believes a stretch of Outer Central Street was abandoned under Maine common law and asked the city to halt permits while he appeals a recently issued driveway permit; councilors said past staff research supports city ownership and declined to pause work, urging legal process for disputes.
A Hallowell resident asked the city council on Monday to stop issuing permits that affect a disputed corridor of Outer Central Street while he pursues an administrative appeal and legal review.
Mark Keith, who said he and his wife recently bought a house on Outer Central Street, told the council the unimproved corridor west of the pavement appears to have been abandoned under common law decades ago and that historical maps and city records support his view. He said he appealed a driveway permit issued the same day he submitted his packet and asked the council to refrain from authorizing further work until the appeal and legal review are complete.
Keith said his packet contains extensive title research and historical records dating back to 1810 and argued that under long-standing Maine law a road that has not been used or maintained by the public for 20 consecutive years is abandoned by operation of law, not by a court declaration.
Council members responded that city staff, including earlier research by the city manager and the code enforcement officer, had repeatedly concluded the corridor was a city road. One councilor who chairs the property committee said the committee reached the same conclusion after reviewing documentation presented by staff and that the council had previously decided the city owned the road.
The mayor and several councilors said they could not give legal advice and that a formal court action would be required to change the road’s status if ownership is contested. Councilors urged the resident to pursue the available administrative appeal, and to consider litigation if he wished to press the issue; they declined to adopt a formal pause of permits or other city authorizations.
The council did not vote to change its position; members described the matter as long-standing and said if property owners wanted to alter the classification they would need to pursue legal remedies. The mayor thanked Keith for the information and the council encouraged him to follow up with the city manager and the code-enforcement office about next steps.
What happens next: Keith said he planned to give the city 30 days to review his packet before pursuing further action; the council said staff and the city’s lawyers would handle any required legal analysis if the matter is formally disputed.
