Lawsuit Challenges Subdivision Change



MOUNT DESERT — A suit filed against the town claims that the planning board erred in approving a plan by Prays Meadow subdivision resident Moorhead Kennedy to build a cul-de-sac on his property.

Prays Meadow is off Oak Hill Road.

The suit was filed in Hancock County Superior Court on Aug. 9 on behalf of Joseph F. McDonald III, trustee of the Patricia B. Wright continuing discretionary trust, which owns property in the six-lot subdivision. Mr. McDonald is challenging the planning board’s July 11 revision of the subdivision plan.

The purpose of the revised plan that Mr. Kennedy submitted was “to create a right-of-way and cul-de-sac within the Kennedy property to bring it into conformance with the town requirements for road frontage.”

The suit contends, however, that the revised plan also increases the size of Mr. Kennedy’s property by including the plaintiff’s property.

“The plan shows the Kennedy property and the abutting property as one 15.4-acre parcel,” the suit states. “By failing to state this revision, the plan violates (a section) of the ordinance.”

Ellsworth attorney Alison King, who represents Mr. McDonald, also claimed in the suit that the planning board violated the subdivision ordinance by failing to hold a public hearing on the subdivision change and failed to make the required “findings of fact” that the revision complies with the ordinance.

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Dick Broom

Reporter at Mount Desert Islander
Dick Broom covers the towns of Mount Desert and Southwest Harbor, Mount Desert Island High School and the school system board and superintendent's office. He enjoys hiking with his golden retriever and finding new places for her to swim. [email protected]