Superior Court hears Fort Kent trail case

FORT KENT – Justice Allen Hunter took to the street Friday to see for himself the location of a snowmobile trail access route to the business district.

Hunter was holding a special session of Aroostook County Superior Court in Fort Kent to hear two cases, one of them a lawsuit seeking an injunction to stop the use of the access route that snowmobilers use to get downtown. The case was continued to March 8 for more testimony.

Robert J. and Candace C. Plourde, who have lived on the corner of St. Joseph and Elm streets for 17 years, claim that snowmobiles passing within six feet of their home pose health and safety problems for them.

Last month, the Plourdes filed a lawsuit against the town of Fort Kent; the Fort Kent Snowmobile Association; Valley Sno-Riders Inc., a Fort Kent snowmobile club; Gary and Pauline Dumond, who reside across St. Joseph Street from the Plourdes and are snowmobile dealers; and the Maine Department of Conservation, the state agency responsible for the general enforcement of snowmobile traffic and safety laws.

The couple claim that for several years they have been trying to stop snowmobilers, sometimes as many as 1,000 per day, from traveling on St. Joseph Street. The problem reportedly became worse after a former railroad bed located within 600 feet of their home was turned into an all-purpose trail, and snowmobiles use it in the winter.

The Plourdes are seeking relief from the nuisance of snowmobiles and negligent infliction of emotional distress, a legal ruling on the 900-foot rule, and an injunction to stop snowmobiles from traveling on St. Joseph Street.

The 900-foot rule involves a regulation that allows snowmobilers to travel up to 900 feet along a road to get to and from trails, homes and-or other destinations. The rule is being used as a way to gain access to 545-foot long St. Joseph Street.

Taking the 15-minute walk up and down the 545-foot long street were Hunter, four attorneys involved in the case, Robert Plourde, Police Chief Kenneth Michaud, Lt. Mike Marshall of the Department of Inland Fisheries and Wildlife; Gary Dumond, one of the defendants; and several others. They also viewed the intersection off the Heritage Snowmobile Trail, and Pearl and Elm streets.

No snowmobiles came down the usually busy street during the viewing.

After returning to court, a 20-minute video taken by Candace Plourde on three separate days last month was viewed. It showed snowmobiles traveling up and down the street, and the noise from the machines could readily be heard.

About 30 people were in the Fort Kent District Court to listen to the case, including town officials and members of the snowmobile club involved.

Two witnesses were heard Friday before court was adjourned for the day. Albert Daigle, 74, who was a St. Joseph Street resident until he sold his home and two apartments in 2000, told the court about the increased number of snowmobilers who used the street after 1996.

“It used to be a quiet neighborhood, but not anymore,” Daigle said just before leaving the witness stand. “I moved out because doctors wanted me to walk, and I was afraid to walk on the street with the snowmobiles and cars.

“I don’t hate snowmobiles,” he told the court. “It’s the people who ride them.”

Peter Caron, a Fort Kent councilor, told the court that the Town Council removed St. Joseph Street from a list of alternate access routes last November for safety and health reasons. He said it was not reinserted on the list.

He also testified that the street has been used as an access route to the business district for years.

The Plourdes claim that snowmobiles increased their use of St. Joseph Street as a trail after it was designated as such by the Valley Sno-Riders Inc. in 1996.

The Plourdes complained last February by letter to the town office and attended several meetings with the Town Council and public hearings on snowmobile trails into the downtown area.