ORLAND — While Orland and Penobscot officials agree on their shared boundary, a local property owner disputes the line.
Two courts have agreed on one point, however; the court cannot determine a town’s borders.
On Dec. 29, the Maine Supreme Court ruled on the appeal of Orland waterfront property owner Douglas Boothby. The decision reaffirmed a Hancock County Superior Court ruling that a court does not have the right to alter a town boundary.
“Boothby argues that the location of the boundary on the face of the earth, like the location of any property boundary, is a question of fact subject to judicial determination,” court documents read.
The justices disagreed.
“Because the Legislature has the exclusive authority to create and alter municipal boundaries, and has established a specific process by which only the municipalities themselves may seek judicial resolution of boundary disputes and then only through the appointment of commissioners, it is apparent that the court lacks the authority to determine the location of a municipal boundary based on a citizen’s complaint,” the decision stated.
For more political news, pick up a copy of The Ellsworth American.