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Select board to consult counsel over quitclaim deed tied to Merritt Bennett property after neighbor complaints
Summary
At a select board meeting, residents and a power of attorney for Merritt Bennett urged the board not to accept a quitclaim deed that includes conditions tied to removing onsite improvements; the board voted to consult its attorney in executive session under MRSA 45-15 and deferred a decision.
At a select board meeting, members said they will consult legal counsel in executive session about a contested quitclaim deed for property tied to Merritt Bennett after neighbors and Bennett’s power of attorney raised concerns that the deed’s conditions could affect ongoing litigation and neighborhood safety.
Susan Duchaine, who said she was “helping Merritt Bennett on the property that he has,” told the board the deed the family received included ‘‘a bunch of conditions’’ they could not accept. Melanie, introduced as Merritt’s sister and his power of attorney, said she paid roughly $20,000 to bring past-due taxes current and expected to retrieve a signed deed; she said the situation was “an emotional time” and that one of Bennett’s children currently lives at the house.
A board member detailed the town’s enforcement history: officials had secured a temporary restraining order, pursued contempt proceedings, and obtained a foreclosure decree, and they described alleged unpermitted uses at the property — including a burn pit, a tarmac surface, sheds and large gatherings (motocross events) — that neighbors said created smoke, noise and nuisance. “You can smell it when they have the burn pit in it,” a nearby resident said.
Board members repeatedly told the family they would not sign or accept a deed with broad conditions without counsel. “We’re not going to sign anything until we consult with our attorney,” a board member said. Officials expressed concern that accepting a quitclaim deed as written could be interpreted to “wipe out” prior legal claims tied to the pending litigation.
The board formally moved to enter executive session under MRSA section 45-15 to consult with legal counsel about pending litigation and “use and disposal of real property” related to the quitclaim deed; members said law enforcement could be present in the closed session. The board indicated a formal decision was unlikely that night and said it expected to resolve the issue within two to three weeks.
Other routine town business heard that night included library maintenance and elevator equipment options, follow-up with a forester, and contact with a realtor regarding several lots.
