FARMINGTON – The town is asking the Superior Court to dismiss an appeal regarding damages filed by a New Sharon tree farmer over a discontinued road. The dismissal hearing is set for Aug. 27.

Perry Lamb of Brunswick owns nearly 1,600 acres in New Sharon, with a portion on the Farmington line.

He has been battling the towns of Farmington and New Sharon over discontinued country roads near his property since the early 1990s.

In the latest case, the Maine Supreme Judicial Court upheld Farmington voters’ decision to discontinue a half-mile of upper Hovey Road in April. Lamb had appealed the decision.

Lamb’s plea for reconsideration of the Law Court’s decision was also denied.

Lamb then filed an appeal in June of Farmington’s determination that he was not entitled to damages because of the discontinuance of upper Hovey Road.

The town based its decision on a private appraiser’s report, which found that the property’s value as a tree farm was not diminished by the discontinuance of the road. The appraiser recommended that Lamb be awarded no damages.

Lamb, in appealing the rejection of damages, claims that the report indicates his tree farm as a whole is worth $1 million.

However, the town states that the 60-day period to appeal the damages has expired. Town attorney Frank Underkuffler stated in his dismissal motion that the court doesn’t have the authority to extend the appeal deadline and has no authority over Lamb’s damages appeal. He said the appeal must be dismissed.

Lamb claims his appeal was filed in a timely manner. He said he filed the appeal of the discontinuance on April 10, 2002.

Further, he said he requested that the provisions of state law providing damages and regarding appeal rights be postponed until after Lamb’s Rule 80B appeal was resolved. He claims the court granted that motion.

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