CALAIS – When the city councilors decided to open Nash’s Lake to the public earlier this year, they did not realize it would generate an almost weekly debate.

Abutting landowner Billy Howard, through his Bangor attorney, has sent a letter to the city threatening litigation over the city’s use of a right of way it has to the lake.

“I understand the city recently voted to permit full public use of its right of way. It is our position that this action clearly changes the use of right of way, which had been for the city’s own use, such as wood harvesting, not a public use. By allowing and insisting on public, third party, use without consent of the owner the city could lose its right to use the road,” the attorney wrote. “Changing the use of the right of way from municipal use to a public use requires the consent of the owner of the land. It can’t be accomplished by fiat, which is what the city seems to be doing.”

But City Solicitor David Fletcher at a meeting of the City Council Thursday night disagreed with Howard’s attorney. “I do not believe the city is any danger of losing its right to use the [right of way],” he said.

About three months ago, residents along Hardscrabble Road urged the City Council to force neighboring landowner Billy Howard to remove the boulders that restricted travel access across what the city is calling a “city-owned” right of way to the city’s largest lake.

Howard, who owns a large parcel in the area, placed the boulders in the right of way last year. The city was not opposed to having the boulders there during mud season, but residents who met with the City Council in May were determined to have the boulders removed so they could have access to the lake during the summer.

Howard, who does not live in the area, objected and said he believed the place would become a dumping ground for trash. But after listening to that appeal, the councilors directed Howard to remove the boulders.

The property is in a remote area, about eight miles south of downtown. At the end of Hardscrabble Road, there is a woods road that winds uphill toward Nash’s Lake and a granite dam that was built in 1839.

Calais acquired the 640-acre parcel on the shore of the lake in the 1950s. Several years ago, the city hired a local wood harvester to cut some of the wood. He built a road across his property to connect with the city’s parcel. He later deeded a right of way across his land to the city. The harvester subsequently sold his land to Howard.

Two weeks ago, the councilors learned that the area had been trashed, but a site visit revealed that the area was not in as poor condition as had been reported. The councilors erected signs urging people to not build campfires and to pick up their trash.

Kathy Chambers said her family had policed the area. “We did go out when we found out there was a problem, and my son-in-law and grandchildren went out and cleaned it up. We actually got one-half of a brown IGA bag. That’s what we got for trash at that site,” she said. She also suggested that given the use and the time lapse since the site was opened, she did not believe that amount of trash was that bad.

But in his latest move to pressure the city, Howard’s attorney said that before “proceeding with litigation over this matter,” Howard was willing to discuss solutions.

The Calais man is asking the city to assume full responsibility to maintain the road as it presently exists, to agree to remove trash left on Howard’s property, and to agree to fully indemnify him from any claims made by anyone arising out of use of the road.

At the City Council meeting, Howard also pushed for a meeting between the councilors and planning board to learn what guidelines the planning board had adopted before allowing wood harvesting to take place in the area.

“Has the planning board set any guidelines?” Mayor Eric Hinson asked.

Howard said they had, but admitted that the minutes of that meeting did not reflect those guidelines. Councilor Joyce Maker said it was clear that the planning board had not made the guidelines part of the permanent record for the city. “They didn’t make it part of their motion,” she said.

The councilors agreed to meet with the planning board at the board’s Sept. 11 meeting, but it remained unclear since the guidelines were not written whose collective memory the councilors would believe.