The long standoff between South Bristol and sometime Maine and California resident Jim Nelson continues.
Though Nelson’s property at Winn’s Way was auctioned in late December as a result of bankruptcy, attracting a reported winning bid of $575,000, the town has not yet received funds owed it through a lien attached to the property.
According to South Bristol town attorney Peter Drum, the lien placed on Nelson’s property as a result of a judgment has not yet been satisfied.
The lien stems from a judgment against Nelson following a finding that he violated South Bristol’s shoreland zone ordinances. In Oct. 2006, Nelson admitted cutting 21 trees without a permit within 75-feet of the shore, and cutting an additional 38 trees between 76-feet and 250-feet from the shore.
Some of the trees cut were on property adjacent to Nelson’s and within a Damariscotta River Association conservation easement.
On June 26, 2007, the South Bristol Board of Selectmen ordered Nelson to pay a $45,000 fine for cutting trees in violation of the shoreland zone, and an additional $15,000 for remediation and a replanting program.
In Oct. 2007, on behalf of the town, attorney Drum brought legal action against Nelson for nonpayment, attaching his South Bristol property for $100,000.
On or about March 3, 2008, Nelson filed for Chapter 7 Bankruptcy Protection in Maine and California, blaming Maine’s Shoreland Zoning Laws, the media, attorneys, and the town for bankrupting his family.
Currently, according to Drum, the first lien creditor was Bath Savings, which is the only lien that has been paid, so far. The remainder of the funds are in an escrow account pending resolution of a matter concerning the next lien holder, the Estate of Margaret Nelson (Jim Nelson’s mother).
In an email, Drum writes, “There is an additional $135,000 left over.”
Drum also said the town has attached the proceeds of Nelson’s inheritance from his mother’s estate, and the town must await the outcome of the estate to see how much Nelson is owed.
“Currently, one of the heirs of the estate is challenging the will, so we are not certain about how much Nelson will receive under the will,” Drum said.
Nelson is accountable for his actions, and Drum writes, “he lost his property, declared bankruptcy, and left the state. The bigger issue is that the selectmen enforced the Shoreland Zoning Ordinance and stood for the laws and rules adopted by the people of South Bristol.
“Nelson is not judgment proof,” Drum continued, “though he declared bankruptcy, the town’s judgment was ruled to be non-dischargable, meaning he can never escape it until it is paid.”