SABATTUS – What started as a challenge of a 2003 municipal vote has evolved into a lawsuit by one family against the town of Sabattus due to residency discrepancies.
In a public hearing Wednesday night, Dan and Nancy Wood addressed the Board of Selectmen to appeal a decision made by the town stating that the family was not considered residents of the municipality.
The question is whether town officials consider the family’s legal residence to be a house on Old Wood Lane in Greene that equipped with a garage for the family-owned electrical business, or a rented house at 68 Elm St. in Sabattus.
The original decision was to made by Town Clerk Robin Dulac based on state statutes. She said the family failed to meet state requirements to be residents of Sabattus.
But according to Dan Wood, the issue is clear-cut. “We live on Elm Street, we have since 2003,” he said. In his testimony he said he pays rent to his parents, the owners of the Elm Street residence. “We live there and our children go to school in Sabattus. There is nothing to dispute.”
Dulac believes otherwise. She cites numerous vehicle, trailer and pet registration documents issued in Greene, most dating prior to 2003.
Dan Wood was asked to provide a receipt of rental payment but he said his lease states that rent is paid in full by buying groceries, therefore no receipt of rent could be provided. Selectmen also requested to see a lease payment from the property in Greene, which the Woods have recently rented out.
Selectman Guy Desjardins said these documents would have helped him in his decision. “These types of documentation would hold water with me,” Desjardins said.
Nancy Wood said she’s simply looking after her children’s interest. “This has gone on long enough,” she said. “We live here and we want our children to continue school here, it’s safer.”
The Woods, who lived in Greene prior to 2003, had asked to enroll their two children in Sabattus schools. Citing out-of-town residency and unfairness to other children, the school board denied their application. This prompted Dan Wood to move into his parents’ building in Sabattus, while his wife remained a resident of Greene, making his children eligible for Sabattus schooling. They are currently enrolled in Oak Hill High School and Sabattus Elementary School.
Yet during a recent election, Dan Wood’s vote was challenged, which led to a deeper investigation to determine where the family resides. Citing only a post office box number on Dan Wood’s driver’s license, and the fact that the family had a Homestead Exemption from the town of Greene in 2004, Dulac maintains that they are residents of Greene.
Last month, when their residency was denied, the school board sent out a notice to the family stating that their children’s enrollment with the schools was being reviewed.
James Belleau, an attorney, said the weight is now on the selectmen to make the right decision during this appeal process.
“The town clerk has an obligation to uphold the voting laws in the state of Maine,” said Belleau. He said determining residency is a matter of voting and should not be crossed with other variables.
“This has become about a desperate family that wants their children to remain in their schools. But that is not up to Mrs. Dulac to decide,” Belleau said. “Mrs. Dulac is armed with state statutes about whether or not they are qualified to vote. And those two issues should be kept separate.”
The Maine Municipal Association has advised board members to review the evidence and testimonies individually, not to discuss the issue among themselves, and for each to declare their own personal verdict during the next town meeting April 19.
Selectman Stephen Wood, brother of Dan Wood, recused himself due to conflict of interest.
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