Rockland settles flea market lawsuit

By Stephen Betts, BDN Staff
Posted June 07, 2012, at 4:21 p.m.

ROCKLAND, Maine — A lawsuit filed by the city, against a North Main Street couple who the city claimed illegally created a storage building for flea market items, has been dropped following an agreement between the two parties.

The dismissal came this week in Rockland District Court following the signing of a consent order on May 24 by Dale and Geraldine Hayward and Rockland’s attorney, Kevin Beal.

The consent order states that the Haywards will not resume storing articles on their property that are for resale. The Haywards also agreed to dismantle and remove by Sept. 30 a fabric-roofed structure erected on their property.

The Haywards will reimburse the city $181 for its court costs in filing the lawsuit six weeks ago.

Dale Hayward said Thursday that for all the work the city put into the case it got nothing out of it.

Hayward also claimed that the city had targeted him for selective enforcement.

“If you went around the city, you could find hundreds of violations of the city codes,” Hayward said.

The city maintained in its lawsuit that the fabric structure, erected before June 30, 2010, was in violation of city codes because no permit had been received by the property owners. The city also maintained in its lawsuit that the structure was used to store wholesale items to be later sold at flea markets and this is not a permitted use in that residential zone.

Hayward ran unsuccessfully for the city council in November 2009.

The city attorney said the city did not seek a fine and simply wanted the code issues resolved.

http://bangordailynews.com/2012/06/07/news/midcoast/rockland-settles-flea-market-lawsuit/ printed on September 18, 2014