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HARPSWELL

Discussion turned contentious Thursday as selectmen and residents suing for access to Cedar Beach argued over language that would keep the town “from getting in trouble,” according to board Chairwoman Elinor Multer.

Multer’s concern is the town’s status as a holding company for funds, public and private, that the group will need to pay for the legal filing. She expressed doubts that the town legally could gather, hold and disburse funds for the suit.

The item has to appear on the warrant for the upcoming March 9 annual Town Meeting. Board members and attorneys for a group of residents wrangled over the wording Thursday.

It’s an issue that has become more and more divisive since access to the historically public Bailey Island beach was cut off by Charles and Sally Abrahamson in 2011.

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The Abrahamsons — who own Robinhood Road, which is the access point to Cedar Beach — posted the road as private.

That same year, the town appropriated $220,000 to attempt to purchase a rightof way from the Abrahamsons, but it fell drastically short of the $950,000 asking price.

Various attempts to negotiate a resolution have failed, and the residents’ group now is pursuing a court case.

“There are two paths to resolution of the issue,” said Michael Helfgott, one of the group’s founders. “One is negotiation, and the other is a court action, and in a court action we have a better chance of winning.”

Martin Eisenstein, an attorney for Lewiston firm Brann and Isaacson, is representing the citizens’ group.

Multer’s concern was that both public money — the 2011 appropriation — and private donations to augment it, would be held in the same account without clear provision of its return or reappropriation if the Cedar Beach suit either fails or is abandoned.

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Numerous opinions from the the town’s auditing firm, as well as its legal counsel, have been obtained, and additional advice likely will be sought before the March 9 meeting.

“I’m not questioning your ultimate purpose,” Multer told Eisestein. “I just don’t want to get the town in trouble. I would like to see the town acquire (access to the beach) so people can use it.”

jtleonard@timesrecord.com



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