MEXICO — Selectmen voted Tuesday night to discontinue the practice of plowing and maintaining Albert Aniel’s driveway off Backkingdom Road.
Town Manager John Madigan presented the last of his findings on where the Backkingdom Road ends. For more than 30 years the town has been plowing and providing road maintenance up to Aniel’s front door.
During road improvements this summer Madigan learned that 200 feet of the road may have been private property and not a town road.
During the last month and a half Madigan has researched old town maps, deeds, and contacted an attorney. He said he had sufficient evidence to prove that the town discontinued that portion of the road in 1864. The town had continued the service of plowing for the benefit of using the area as a turnaround.
After the town received a 3-acre tax-acquired property in 2003 at the end of Aniel’s land, the town no longer needed to use his driveway for a turnaround.
Legal issues were raised by selectmen on plowing a private property.
“According to state law, towns are not allowed to use public funds for private property,” Madigan said.
Selectman George Byam motioned that the town discontinue plowing and maintenance of the driveway so the town would be in compliance with state regulations.
The motion was seconded by Selectman Reggie Arsenault and unanimously approved by the board.
Aniel took issue with the vote and asked that a previous agreement he signed with selectmen in 1993 be considered null and void. The signed agreement stated the town was released from any liability if they used Aniel’s property.
“I ask that from now on any town vehicles needing to be on my property, for construction or whatever, get permission first,” Aniel said.
Janice Lannon, a Mexico resident, took issue with the vote. She said she believed selectmen were picking on Aniel and the town should continue plowing his property.
Selectman Peter Merrill said selectmen cared about Aniel and called him an upstanding citizen.
“It is a legal issue and I’m not going to break the law for him or for any other citizen,” Merrill said.
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