A Maine Superior Court justice has ruled against the town in its lawsuit against Robert H. Doucette arguing about whether he violated town ordinances by storing loam, gravel and other fill on his land.

The decision was filed June 9 in Knox County District Court.

The town of Union filed a lawsuit against Doucette arguing that in 2009 he violated the land use ordinance by storing the materials on his property.

Not only did the town lose the court case, but it has been ordered to pay for Doucette’s legal fees and the costs he incurred in defending himself.

Doucette has filed court documents requesting $13,934 for attorney’s fees and costs.

The decision states that in the spring or summer of 2009, Doucette began importing significant amounts of fill onto his property to improve a farm road and re-grade a field.

Town Code Enforcement Officer Barry Norris instructed Doucette to stop importing and spreading the fill on his land. The court also notes that the Maine Department of Environmental Protection got involved with part of the project, but Doucette obtained permits and satisfied the state in the matter.

The court document states that as the fill was delivered, Doucette promptly moved it to the areas that he intended to change, and therefore, the court found that he did not store the dirt or violate the town’s ordinance.

“The court concludes that the town has not established that Doucette violated the provisions of the ordinance at issue here,” the document states.

“For his part, Doucette seeks an award of attorney’s fees that he has incurred in this proceeding,” the document states.

“…Doucette has argued that the town’s action against him is abusive,” it states. The court rejected that contention of abuse, but said the circumstances warranted awarding the defendant legal fees and costs.

“Most of the contested issues in this case constituted legitimate factual disputes, that do not reveal bad faith or abuse by either party,” the document states. “The court notes, however, that when the town argues that Doucette ‘stored’ fill in its permanent locations at several sites on the property, the town has pursued an argument that is something of a stretch.”