By Amanda Estes
Staff Writer
While several Cape Elizabeth residents seeking to stop the city of South Portland from blocking their access to a discontinued portion of Edgewood Road have yet to have their day in court, a judge has issued a decision in a related dispute between the city and the Maine Municipal Association.
In 2000, developer Joseph Frustaci received permission from the Cape Elizabeth Planning Board to build the Blueberry Ridge subdivision on a lot abutting the end of Edgewood Road, which straddles the boundary between Cape Elizabeth and South Portland. During that same year, the South Portland City Council voted to discontinue the final 25 feet of Edgewood Road to alleviate residents concerns about the traffic and safety issues that could result if Frustaci was allowed to go ahead with plans to connect the subdivision to their street. When the city barricaded Charlotte Street, which was to connect Blueberry Ridge and Edgewood Road, Frustaci sued for the adverse impact to his property. In 2005, he was awarded $380,000. With interest and other fees, the city’s total payout was roughly $523,000.
Since that time, the city has been in a dispute with the Maine Municipal Association – the insurer of the road – regarding its liability in the case. The city was seeking to be reimbursed for half of the expenses, or roughly $261,000.
On Tuesday, following an executive session on Monday night, City Attorney Mary Kahl said the judge issued a decision siding with the Maine Municipal Association last week. Kahl said the city will appeal the judge’s decision, adding there is not much legal precedent to draw on in this case.
The executive session also included discussions regarding the pending litigation involving Cape Elizabeth residents.  Daniel Maguire and Debra Sampson of 59 Edgewood Road and Christopher and Jane Boulos of 60 Edgewood Road, earlier this year discovered the easements that were to be issued in 2000, granting them access over the discontinued portion of Edgewood Road, were never issued.
The city maintains that because the easements were never issued it does not need to recognize the Cape Elizabeth residents’ claim of access rights. The residents maintain the assumption of such rights by all sides for some years gives them the force of law.
Earlier this summer, the city said it would not take action to close the road before Sept. 15, in order to give the court time to schedule a hearing. That date has been pushed back to April 1, Kahl said.
“We have not gotten to a hearing yet and we recognize that the Cumberland County docket is just very, very heavy and we’re also looking at construction season here,” Kahl said.
The city plans to build a curb across the road at the municipal boundary in order to stop cars from entering South Portland over the disputed section of road.
Although not aware of the executive session, the residents’ attorney, Bruce McGlauflin said, “The city and the plaintiffs have filed a joint stipulation of facts and we’ve also both filed our briefs on the arguments.”
“The only thing left to do is have some brief testimony,” he said. “I’m anticipating the only witnesses will be my clients.”