GORHAM – A Gorham town councilor wants verification that no one working for the town committed a crime in the handling of a 12-year-old eminent-domain case that was recently settled.

The authenticity of a town official’s signature on an eminent-domain document is at the center of a verification effort by Town Councilor Benjamin Hartwell.

“Trust, but verify,” Hartwell said on Tuesday, quoting President Ronald Reagan.

The issue stems from action the town took in 2002, seizing the sparsely populated Phinney Street Extension by eminent domain for use as a public road. The town believed it was a town road and wanted to continue maintaining it.

In April 2012, attorneys filed lawsuits for Paul Smith and his brother, Patrick Smith, and sister-in-law, Susan Smith, who all live on Phinney Street, in Cumberland County Superior Court and named the town of Gorham as defendant. The suit sought to void action by the town in 2002 that seized by eminent domain a portion of Phinney Street Extension that was on the Smiths’ property. The lawsuit claimed the town’s taking was not “justified by any highway purposes” and the taking didn’t comply with required procedures.

The Smiths, in court documents, claimed the town did not file the paperwork in the eminent-domain action – a Certificate of Taking – until March 13, 2012, in the Registry of Deeds. A Superior Court judge in October 2013 sided with the Smiths, saying the town “abused the eminent domain process by waiting 10 years to perfect the condemnation order taking Phinney Street Extension,” and overturned the town’s eminent-domain taking.

The Smiths subsequently amended their suit, seeking monetary damages. That case evolved into mediation. Town Manager David Cole said Monday that the parties in the suit, which included Paul Smith and Patrick and Susan Smith, reached a settlement, dismissing all actions.

Cole told the council in an email on June 6 that the town did not make any payment or receive any payment.

The Town Council discussed the litigation behind closed doors on June 17.

Paul Smith, contacted by telephone this week, declined comment about the case.

“There’s a gag order on it,” Smith said.

Susan Smith did not respond to an American Journal email seeking comment.

Meanwhile, Hartwell said on Friday that while the case has been settled in mediation, “there was a question of authenticity on the Certificate of Taking” not dealt with in mediation.

A court document in the Smiths’ filings raised the issue about the authenticity of the signature of Brenda Caldwell, town clerk in 2002, on the Certificate of Taking.

Caldwell said on Tuesday that she had signed thousands of documents in her many years as Gorham’s town clerk.

“It looks like my signature,” Caldwell said about the one on the Certificate of Taking, “but I don’t remember signing it. I can’t swear to signing it.”

According to court documents, the Smiths retained a handwriting expert, Ruth Holmes of Pentec Inc. In a court document, the Smiths stated, “Ms. Holmes concluded to the ‘highest degree of probability’ that the signature on the Certificate of Taking was not written by the same person who signed numerous other town documents purported to be signed by Ms. Caldwell.”

So, Hartwell wants forensic testing to verify authenticity of Caldwell’s signature on the Certificate of Taking.

“Ink testing can determine how long it has been on the paper,” Hartwell said.

Hartwell is seeking a Town Council agenda item for the council’s meeting on Tuesday, July 1. Hartwell said he wants the council to authorize a forensic lab to test the ink. He said the cost of forensic testing would run between $2,000 and $2,500.

“I feel it’s in my duties to the public to verify the authenticity of the document through paper and ink testing at a forensic lab,” Hartwell said.