The Town of Cape Elizabeth is pursuing legal action against Lumbery – a business located in the center of town on Route 77 that sells locally-sourced wood, garden beds, and tools – according to reporting from WGME.
Eight days ago, Cape Elizabeth’s posted a legal complaint it has filed against Lumbery.
“The Town of Cape Elizabeth is obligated to enforce all Town ordinances,” the unattributed statement said.
“The Lumbery has been and continues to be in violation of town ordinances. Legal action is always the last resort, but in this case it was necessary after The Lumbery failed to comply with the ordinances through informal discussions. The Town will continue to pursue legal action until The Lumbery comes into compliance,” it said.
The town’s argued in a 2022 legal complaint that Lumbery has gone beyond the allowable “minimal” deviations from its original site plan by stacking materials in front of the store.
After several planning board meetings, the town filed a motion to expedite court hearings in March.
The complaint alleges that Code Enforcement Officer Benjamin McDougal has given the business’s owner, Mike Friedland, numerous verbal warnings about the supposedly illegal stacks of building materials he has on his own property.
The complaint also alleges that Friedland put a sign up on his own property without getting the necessary permit and approval from the town government.
From WGME:
Lumbery owner Mike Friedland is frustrated and feels he’s being forced out of town from costly violations, some having to do with outdoor displays.
“The major problem is that the rules, regulations, procedures, personal, of the town, are 100 percent anti-business,” Friedland said.
…
“We worked to comply. Over three years we’ve spent $165,000,” Friedland said.
Friedland says the planning board is making it difficult for him too.
“I have 16 parking spaces and I only need eight. If I use one of the parking spaces to display a garden bed, I’m in violation,” Friedland said.
Code Enforcement Officer McDougal told WGME that Friedland could have to pay $25,000 in fees.
McDougal also told WGME that multiple agreements with Friedland had been reached but all ultimately had fallen through.
The town plans to continue taking legal action against Lumbery unless or until Friedland complies.
<span class="dsq-postid" data-dsqidentifier="20734 https://www.themainewire.com/?p=20734">9 Comments
The elites in Cape Elizabeth obviously have a vendetta against the owner as they do against all small businesses.
The politicians in charge are bought and paid for under the thumbs of the Coastal Elites.
The owner of Lumbry probably is a Trump supporter and to the liberals in charge of Maine/Cape Elizabeth, that is the most egregious offense which warrants any and all means to destroy him.
OMG – sounds just like Portland. Cape must feel secure in its residential tax base and now wants businesses like the hardware store gone. Residents should expect more respect for its small but friendly business community.
Cape should be careful what it asks for.
Leave the poor man alone. Your nit picking is digusting. Who is he hurting…no one! Just trying to make a living. Cape Elizabeth is so political & caters to the self serving “townies”.
Leave the poor man alone. Your nit picking is digusting. Who is he hurting…no one! Just trying to make a living. Cape Elizabeth is so political & caters to the self serving “townies”.
I think he should go. We need more nail salons and a Dollar General might be good. I have to add that this is a sarcastic reply just in case it’s too subtle for our town officials
Lumbery is a welcome addition to CE, and the town should be offering concessions to keep them in town. Offering a 25K file (minimum) is outrageous – I have known Mike for over two decades, he only wants to good for all, and would show up to any town council members home to help with a leaky faucet if need be – he is that kind of guy. Keep them here, or he will leave and we will end up with a drive through coffee shop.
So he knew the ordinances when he showed up, still knows the laws and breaks them, and most of the commenters think that’s OK?
I’m a contractor (remodels etc) who occasionally takes work on the cape. It was so nice when the lumbery opened. I didn’t have to go all the way into portland or scarborough to get supplies if i ran out of something. You know it’s 2 in the afternoon and you ran out of naiks for the nail gun. The day is no longer lost – back in 15 minutes.fantastic! They have a lot of the basics. What a huge blessing when they opened – a couple of nice young men who you can tell loved their trade – super positive vibes in that shop. I’d definitely call it “vibrant”. Bought some wooden puzzles for my kids and nieces/nephews. Makes it a lot easier to take work on the cape.
I’m sure there’s got to be a compromise. Doesn’t make any sense that their wouldn’t be. I guess people can be way more uptight than you would expect. Good luck little quality lumber and tool store. I’m rooting for you!
Cape wants to force out a small business that supports other Maine small businesses. Duly noted. Spread the word.