Bristol based Hanley Construction has filed a lawsuit against the Edgecomb Board of Selectmen and Road Commissioner Scott Griffin accusing the town of violating the company’s civil rights by blocking access to a gravel pit on Mt. Hunger Road.
The dispute is the latest volley in a long and protracted dispute over the pit and the second civil action taken against the town over access to the site.
Karen Smith, owner of the gravel pit, had previously filed a suit alleging the town was selectively prohibiting excavation efforts in a contractual agreement she had with Hanley Construction.
Both lawsuits specifically name Selectmen Jack Sarmanian, Stuart Smith, Jessica Chubbuck and Griffin as defendants along with the Town of Edgecomb at large.
According to court documents obtained by The Lincoln County News, Hanley is seeking $400,000 for the “increased costs to procure and transport materials from other sites,” which have exceeded the expense the company would have incurred if allowed access to the Mt. Hunger site.
The lawsuit also claims that on Aug. 30, 2010 the town directed law enforcement officials to block access to the gravel pit and warned Hanley employees not to travel over the road with heavy loads.
“As a result of the defendant’s actions to close Mt. Hunger Road to his [Hanley’s] traffic, the plaintiff has been forced to procure gravel, rocks, and sand from other locations at a greater cost per cubic yard and at a greater cost to transport the materials to job sites closer to the Mount Hunger Road gravel pit,” reads the lawsuit.
Mt. Hunger Road residents have long complained that Smith and Hanley Construction have ignored posted weight limits and excavated without permission.
In previous comments, Griffin said the weight of Hanley’s equipment is damaging the road’s plastic culverts and contributing to flooding.
After responding to resident’s complaints in September 2010, Lincoln County Sheriff’s Deputy Rand Maker informed Selectman Smith that the road could not be closed without an ordinance.
“I’m not at liberty to say much,” said Sarmanian when reached for comment June 7. “The town is handling these issues in a professional manner.”
Hanley’s attorney Patrick Parson confirmed the lawsuit but could not verify if any of the defendants had been formally served.
Efforts to reach representatives from Hanley Construction were unsuccessful as of press time.
