Sanford gravel pit owner sues turnpike authority

SANFORD – A Sanford gravel pit owner has filed suit against the Maine Turnpike Authority demanding it return the 35 acres it took by eminent domain last month as part of the turnpike’s widening effort.

In a lawsuit filed at the York County Superior Court in Alfred, Genest Concrete Works Inc. is seeking a preliminary injunction preventing the turnpike authority from taking control of the land.

The land is part of a 120-acre parcel the turnpike needs to replace wetlands and wooded uplands it is destroying as part of its widening project. Turnpike officials say it’s unclear whether the suit will have any impact or result in any delay of the 30-mile widening, which is wrapping up its second year.

The land in question consists of two parcels that the authority began negotiating to buy last year. The turnpike has already secured the 85 other acres surrounding the Genest property needed to complete the wetland project, officials said.

But when negotiations stalled earlier this fall on the Genest land, turnpike officials said the authority was forced to invoke its power of eminent domain to take over the property.

That action, on Sept. 12, prompted Genest’s lawsuit. The suit asks a judge to block the eminent domain proceedings from moving forward and void the turnpike’s notice of taking.

James Shirley, a lawyer for Genest, said Wednesday that the turnpike authority’s decision to take the property was made in bad faith and was an abuse of power.

“[My clients] were surprised to find out that despite the negotiations, the turnpike authority just went and took the land before the negotiations were complete,” Shirley said.

The turnpike authority paid $11,000 for the property, which consists of two parcels, one 19.7 acres and the other nearly 16 acres. But Shirley said his client believes that amount is “a far cry” from what the property is worth.

The property was once an active gravel pit. The company had planned to turn the land into a housing subdivision, according to the lawsuit, which seeks an unspecified amount of damages.

How the lawsuit could affect the widening project remains unclear. If the court rules in favor of the turnpike authority, nothing changes and work continues as it is now, officials said.

But if a judge rules in favor of Genest, it could mean the turnpike has to find a new site to create the necessary wetlands, said Conrad Welzel, the turnpike’s government affairs director.