York holds off on legal battle with Kittery over disputed border: Let's make a deal

YORK, Maine — The town's Selectboard has decided to hold off on legal action against Kittery, opting instead to negotiate a resolution to their border dispute .

The York board voted 4-1 Monday to try and work with Kittery to come to an agreement on the town line in question. York officials assert historical records show the town line should be moved south, encompassing an additional 100 acres and about 15 buildings. Kittery officials, however, worry that such a shift would create significant disruption for residents who would suddenly find themselves living in York.

Selectboard members were presented with three options Monday: filing a lawsuit, taking no action, or attempting to negotiate with Kittery officials, the latter of which was recommended by town staff.

“I’d rather start at not paying an attorney and negotiating,” Selectboard member Robert Palmer said before motioning to go with the third option.

The motion that passed Monday was for the Selectboard to work with Kittery officials to “come to an agreement of mutual request” to be made to the Maine Legislature to formalize the town boundary. The board was told this year by surveyor Christopher Mende that only the Legislature can adjust town borders.

Selectboard Chair Todd Frederick said they may not reach an agreement even if they try to negotiate with Kittery, which has called York’s action “aggressive.” The town of York already tried to sue over the border issue in 2022, but a judge tossed the case without prejudice, meaning it could be brought back.

“We may come to an impasse at some point that they’re just not going to want to move,” Frederick said. “We’d need to come back to (option) 1, possibly.”

York-Kittery borderline in dispute

York has been looking at realigning the border with Kittery since a development approved in Kittery revealed the discrepancy.

In 2022, York filed a lawsuit in York County Superior Court requesting the appointment of three commissioners to inspect the border and establish a new official boundary line. The case was dismissed without prejudice, with Judge Wayne Douglas stating that a perambulation was required before filing the complaint. Earlier this year, the Selectboard, along with Kittery town officials, conducted the necessary perambulation, fulfilling the court’s requirement.

Kittery officials have been opposed to litigation by York that would result in a change of the town border. In a July 15 letter to the board, Kittery's attorney, Stephen Langsdorf, argued the fact the towns have maintained the current border without perambulating until recently suggests there has been "no dispute regarding the boundary’s location."

Langsdorf noted York and Kittery developed their communities based on a long-standing understanding of the boundary’s location. He wrote three homes and more than one business would be split by the proposed boundary, meaning the structures would be in both towns. Additionally, he pointed out that the change would affect three homes in a subdivision approved by Kittery, leading to complex title issues.

“The very biggest question here is why is this even being considered?” Langsdorf wrote. “No explanation has ever been offered to Kittery as to why a disruption of this magnitude is even being considered by a neighboring town.”

Selectboard stands firm on York town boundary

Most Selectboard members said in Monday’s meeting that legal action was not preferred.

Marla Johnson said it was not a “good use of time, energy or resources” to file a lawsuit over something she said has “worked fine over the years.” She hopes that whoever is appointed to work with the Kittery town officials is “someone who is open-minded.”

Selectboard members, however, remained firm in where they stood on the border.

Palmer said he was convinced by Mende this year the straight line south of the currently used border was the correct one.

Selectboard member Mike Estes, who voted against the motion, said he believes legal action eventually would be necessary. He also said residents living in Kittery might want the border to be moved to enjoy a lower tax rate in York.

Palmer and Frederick also said taking no action would ultimately leave the matter in dispute.

“I think we should do something just so that we resolve it so we can move forward,” Palmer said, “So some Selectboard in the future is not raising this issue again and has to go perambulate.”

This article originally appeared on Portsmouth Herald: York holds off on legal battle with Kittery over disputed border: Let's make a deal