Judge rejects Lincoln appeal of junkyard decision

LINCOLN – A District Court judge has rejected the town’s appeal of a recent court decision denying town claims that an alleged junkyard owner from Lee owes the town $5,800 in legal fees, court officials said Wednesday.

In a decision released Wednesday, Judge Kevin L. Stitham rejected town claims that his Dec. 16 decision denying Edwin Goodwin owed the town the legal fees was flawed because the judge did not allow the town to present evidence it deemed relevant.

Town attorneys claimed that Stitham never heard testimony from town officials regarding Goodwin’s two years of denials that he had a junkyard on his North Lincoln property or about Goodwin’s “verbally abusive conduct” toward town employees who were trying to get him to clean up his property.

Stitham responded that the town could have asked for a continuance on Dec. 16 if it needed more time to present its case or wanted to ensure that all facets of it be heard.

Stitham did grant town attorneys a recess during the hearing to go to the Town Office to examine a file pertaining to the case, Stitham wrote.

“Today the town has not advanced a single sufficient argument in support of its motion for rehearing and reconsideration that would not have been known to it before the close of the proceedings on [Dec. 16]. And yet at no time on the 16th did the town ask the Court for continuance of the hearing,” Stitham wrote.

Goodwin, of 322 Arab Road, was cheered by the judge’s ruling.

“I think it was the right one,” Goodwin said Wednesday. “I thought he gave a little rights to the people and maybe some duties to the public servants.”

Town Manager Glenn Aho did not immediately return a telephone call seeking comment Wednesday.

For more than a year, town officials have been making a concerted effort to clean up alleged junkyard properties around town, including Goodwin’s. Goodwin has cleaned up his property, but owes the town $37,000 in fines, Aho has said.

The town has not yet collected the money, but can attach a lien to Goodwin’s property, Aho said.

Goodwin would not comment on the money he supposedly owes the town.