Dispute between Newport, sanitary district legal one> Vote to end district lacks legal standing, attorney says

NEWPORT — The dispute between the Newport Sanitary District and the town it serves is a legal issue, not simply town politics, according to Thomas Brown of Eaton, Peabody, Bradford and Veague in Bangor, and an attorney for the district.

The obligations of the district go far beyond simply keeping the rates reasonable, he said, or a decision at the polls to begin its demise. The district has debts and contracts to fulfill.

A 35-vote margin in a referendum on Monday provided direction for town officials, and presumably trustees for the district, to begin joint meetings to discuss the dissolution of the district. Town officials stand on the principle that a vote of the people created the district therefore a vote of the people should also direct its continuance or end.

The final tally on the controversial article was 167 to 132.

For Town Manager Arthur Ellingwood, the results are obvious.

“The people have spoken,” he said.

A letter to the district trustees will be prepared for selectmen to approve at their Aug. 16 meeting. The letter will initiate a process to begin meetings between the district and town officials.

Brown said Monday’s vote has no legal standing or significance because of Maine statutes that govern the existence of specialized districts such as water and sewer. There are no provisions in the law for termination or withdrawal for those districts, he said, and to make that sort of change would require an act of the Legislature to amend the statute.

“The town tried to amend the statute before when they were talking about sewer line extensions,” Brown said, “and it was unanimously turned down.”

Brown has asked the town’s attorney for a copy of his legal opinion on the issue, but he doesn’t believe there is any basis in the law for the action taken by the town with the referendum question. If factual information is supplied, Brown said, the attorneys can sit down and discuss it.

“We’ve done our research and it is our very considered opinion that until something is changed in the law, it’s business as usual at the Newport Sanitary District,” Brown said.