The opinion
STATE OF MAINE SUPERIOR COURT
SAGADAHOC, SS. CIVIL ACTION
Docket No. BATSC-RE-2006-03
Docket No. WESDC-CV-05-289
(Conso.lidated) / Y
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/
JACOB B. KARBINER and )
SUSAN H. KARBINER, )
Plaintiffs/ )
Counterclaim Defendants )
v. )
)
R. BRUCE MONTGOMERY and ) ORDER FOR ENTRY OF
WANDA HADDOCK, ) FINAL JUDGMENT
Defendants/ )
Counterclaim Plaintiffs )
TOWN OF GEORGETOWN, )
Plaintiff )
v. )
)
R. BRUCE MONTGOMERY and )
WANDA HADDOCK, )
Defendants )
and )
)
JACOB KARBINER and )
SUSAN KARBINER, )
Parties-in-Interest )
The various issues in these consolidated matters were divided into two separate
phases. The issues determined in the Phase One proceedings included the location of the
common boundary line between the Karbiner property and property then owned by Bruce
Montgomery and Wanda Haddock, whether the structure built by Montgomery/Haddock
in 2005 violated the 20-foot setback requirement from that common boundary, and
whether a stop work order issued by the Code Enforcement Officer of the Town of
Georgetown was violated by Montgomery/ Haddock. A trial was held on the Phase One
issues on January 25, 28 and 29 of2008, and the Court entered its "Findings ofFact and
Conclusions of Law on Claims and Counterclaims (Phase One)" on June 4, 2008.
The Phase Two issues relating to the proper remedy and relief had been stayed
pending determination before appropriate administrative officials of the Town of
Georgetown regarding what, if any, relocation and/or modification of the structure would
be in compliance with the Shoreland Zoning Ordinance ofthe Town of Georgetown.
Considerable activity has taken place before various administrative officials ofthe Town
of Georgetown on one or more permit requests submitted by Wanda Haddock, now sole
owner of the property. Wanda Haddock filed a Petition for Review under Rule 80B to
review the most recent Board of Appeals decision on April 14, 2010 upholding a
Planning Board denial of Ms. Haddock's most recent building permit request. This Court
entered its Order and Judgment in Wanda Haddock v. Town of Georgetown, et al., CV-
AP-10-4 on May 20, 2011, denying Petitioner's appeal, affirming the Planning Board's
decision denying the permit request, and granting judgment to the Town of Georgetown
on the appeal. An appeal of this decision to the Law Court was subsequently dismissed
by stipulation. A consented to motion for entry of final judgment has been filed by the
Karbiners.
This Court finds that the entry of final judgment in these consolidated matters is
now appropriate under the circumstances presented. The Findings of Fact and
Conclusions of Law on Claims and Counterclaims (Phase One) dated June 4, 2008 are
incorporated herein. Pursuant to 30-A M.R.S.A. 4452(D) and (E), Wanda Haddock and
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Bruce Montgomery are responsible for reasonable attorneys' fees, expert witness fees and
costs incurred by the Town of Georgetown in the amount of$63,102.20. The Court has
been advised that any issues with respect to removal of the retaining wall on the Karbiner
property and the presence of the underground power line on the Karbiners' property
servicing the Haddock/Montgomery property have been resolved by agreement of those
parties and therefore need not be addressed herein. Therefore, the Court hereby orders
that the Clerk make the following entry on the docket:
(1) Judgment is entered in favor of Jacob Karbiner and
Susan Karbiner and against R. Bruce Montgomery and
Wanda Haddock on all counts of the counterclaim
filed by R. Bruce Montgomery and Wanda Haddock in
Docket No. BAT-SC-RE-06-03.
(2) Judgment is entered in favor of Jacob Karbiner and
Susan Karbiner and against R. Bruce Montgomery and
Wanda Haddock on the Karbiners' Complaint for
Declaratory Judgment in Docket No. BAT-SC-RE-06-
03 declaring that the common boundary between
property owned by the Karbiners acquired by deed
dated July 1, 1985, and recorded in the Sagadahoc
County Registry of Deeds in Book 710, Page 22 and
the property acquired by R. Bruce Montgomery and
Wanda Haddock by deed dated June 10, 1999 and
recorded in the Sagadahoc County Registry of Deeds
in Book 1691, Page 312 (which property is now solely
owned by Wanda Haddock) is as set forth on the
Boundary Survey for Susan H. and Jacob B. Karbiner
performed by Pamela A. Mount of Coastal and
Woodland Surveying and dated June 13, 2005. The
Abstract of Judgment attached to this Order shall be
recorded in the Sagadahoc County Registry of Deeds
with a certified copy of the Pamela Mount survey
dated June 13, 2005.
(3) Judgment is entered in favor of the Plaintiff Town of
Georgetown against R. Bruce Montgomery and Wanda
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Haddock in Docket No. WESDC-CV-05-289 finding
that the garage structure built by R. Bruce
Montgomery and Wanda Haddock in 2005 is 16.2 feet
at its closest point from the common boundary with the
Karbiner property and therefore is in violation of the
20-foot setback requirement of the Town of
Georgetown Shoreland Zoning Ordinance.
(4) Judgment is granted in favor ofthe Town of
Georgetown against R. Bruce Montgomery in Docket
No. WESDC-CV-05-289 for violation of the stop work
order issued by the Code Enforcement Officer for the
Town of Georgetown on or about December 22, 2005.
(5) Judgment is granted in favor of the Town of
Georgetown against R. Bruce Montgomery in the
amount of $3,000.00 as a civil penalty for violation of
the aforesaid stop work order.
(6) Judgment is granted in favor of the Town of
Georgetown against R. Bruce Montgomery and Wanda
Haddock in the amount of$63,102.20 for attorneys'
fees, expert witness fees and costs incurred by the
Town of Georgetown.
(7) The "garage" structure violative of the setback
requirement must be removed from the property by
Wanda Haddock and/or R. Bruce Montgomery on or
before December 31, 20 11, and the area revegetated by
May 31, 2012.
(8) Costs also are allowed to the prevailing parties Jacob
and Susan Karbiner in the amount of $3,000.00.
Pursuant toM. R. Civ . P. 79(a), the Clerk is hereby directed to inc.orp:a?. is Fi.nal Judgrrent
by reference in the docket. /}z ~a
Dated: 9. 27.- /I ///10 ' r/'
Andrew M. Horton, Justice
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ABSTRACT OF JUDGMENT
A judgment has been entered in the Civil Action captioned Jacob B. Karbiner and
Susan H. Karbiner v. R. Bruce Montgomery and Wanda Haddock, Docket No. BATSC-
RE-2006-03 in Sagadahoc County Superior Court that affects title to real estate to
property located in the Town of Georgetown. This civil action involved the location of
the common boundary between property owned by Jacob B. Karbiner and Susan H.
Karbiner acquired by deed recorded in Book 710, Page 22 in the Sagadahoc County
Registry of Deeds, and property owned by R. Bruce Montgomery and Wanda Haddock
acquired by deed recorded in Book 1691, Page 312 in the Sagadahoc County Registry of
Deeds. This common boundary is the boundary between Lot 36 and Lot 37 on Loop
Road reflected in the so-called Hill Plan recorded in the Sagadahoc County Registry of
Deeds in Plan Book 4, Page 7. In accordance with this Court's Order for Entry ofFina1
Judgment dated , 2011, the Court has established the location of the common
boundary between the Karbiner property and the Montgomery/Haddock property to be
located as shown on the Boundary Survey for Susan H. and Jacob B. Karbiner dated June
13, 2005 performed by Pamela Mount of Coastal and Woodland Surveying. A certified
copy of the Mount Boundary Survey is recorded in the Sagadahoc County Registry of
Deeds with this Abstract of Judgment. Any survey prepared by Malcolm McConnell
previously recorded in the Sagadahoc County Registry of Deeds that purports to depict
the common boundary between the Karbiner and the Montgomery/Haddock properties is
rejected by the Court and not valid. Judgment has been entered for Jacob B. Karbiner
and Susan H. Karbiner and against R. Bruce Montgomery and Wanda Haddock on all
counterclaims asserted by Montgomery and Haddock in Docket No. BATSC-RE-2006-
03.
Date: _ _ _ _ _ _ _ _ __
Andrew M. Horton, Justice
Superior Court