LINCOLN – A District Court judge will decide whether a Lee man is guilty of operating two illegal junkyards for years.

After a hearing last week, Judge Kevin Stitham took the case under advisement and said he would issue a written decision to the parties involved.

If found guilty Edwin Charles Goodwin could face penalties of between $174,000 and $4.3 million for operating two illegal junkyards for 870 days (as of Aug. 13).

Goodwin, who represented himself in court, declined to comment.

Last March, Stitham threw out the civil case against Goodwin. The judge said the town had left out a critical element of its case by not presenting evidence or testimony about the current condition of Goodwin’s property because the large photographs of his property were taken five months earlier, in October 2001.

Later, the town asked the judge to reconsider his decision. Goodwin opposed the town’s request stating, “I will oppose any and all who would take from me life, liberty, property, equal protection of law and due process.” In May, Stitham vacated his March 8 order and last week heard the case again.

In the complaint, the town said Goodwin violated the state’s junkyard law and its shoreland zoning ordinance from March 26, 2000, through Dec. 26, 2001, and “continuing” by operating and maintaining without permits two automobile junkyard-graveyards on the Arab Road and Silver Lake.

Roger Huber, a Bangor attorney representing the town, presented the court with new photographs – some aerial – of Goodwin’s property, which were taken a few days before the court proceeding. The photos showed abandon vehicles.

Dwight Tilton, the town’s code enforcement officer, testified that Goodwin continues to operate automobile junkyards without a permit or license from the town on Silver Lake and the Arab Road, where he has about 300 vehicles.

Under cross-examination by Goodwin, Tilton defined a junkyard as three or more non-serviceable vehicles. He said the hazards on Goodwin’s property could come from oil and antifreeze draining out of the vehicles and said he had seen some small spills.

Tilton said the town notified Goodwin of the violations at least three times, on March 26 and Aug. 2, 2000, and on Aug. 11, 2001, but Goodwin failed to abate the violations. Tilton testified that Goodwin told officials he would clean his junkyards up as soon as everyone else in town did.

Goodwin also called Selectmen to testify. Selectman Sue Daigle said selectmen spoke with Goodwin about the law and what he had to do to comply. She said the law applied to everyone and said the town was not discriminating against Goodwin. Tilton testified that notices were sent to Goodwin and 15 other residents about junkyard violations.

Huber asked the court to impose the civil penalties mandated by the state law. Penalties are a minimum of $100 per day per violation and a maximum of $2,500 per day per violation.

He also asked that Goodwin pay attorney’s fees and associated costs; the court order Goodwin to either get a license for the junkyards or clean them up; and asked the court for an injunction prohibiting Goodwin from operating a junkyard without a permit or license from the town.