Community Corner

Judge Gives Town Even More Control Over Amerbelle Property

He again sided with the town and added to the conditions.

A Superior Court Judge this week not only maintained the injunction on the former Amerbelle property he granted in August, but slapped more conditions   on it in favor of the town. 

The town now has stricter and indefinite control over its security. 

Town Attorney Harold "Hal" Cummings called it "the kitchen sink."  

The ruling was handed down by Judge Samuel Sferrazza on Monday after a contested hearing between town officials and Bridgepoint Funding Alliance principal Phillip Weatherspoon, the property owner.

Sferrazza had issued an ex parte judgment in August that allowed the town to enter the old factory complex at the corner of Grove and East Main streets to secure windows, doors and the perimeter and remove all combustible materials. 

The court granted a contested hearing on Oct. 17 but then upheld the judgment with even more conditions. 

They include: 

• Within 30 days, Bridgepoint must secure the property according to federal Department of Housing and Urban Development standards, send a letter to local police requesting the arrest of any trespassers and install no trespassing signs. 

• Bridgepoint must cease and desist from removing any fixtures and structures from the property without prior written approval from Fire Marshal Ray Walker. 

• The town can enforce no trespassing signs. 

• Bridgepoint must get permission from Walker and Building Official Harry Boyko before entering the property. 

• Combustibles must be removed, a task the town had already undertaken. 

• Bridgepoint must obtain permits for any work and must allow a town representative to observe the work. 

• Any work done on the property will include an approved fire watch. 

• All work will be perfumed during regular municipal office hours. 

• Bridgepoint will have the Paper Mill Dam inspected, cleaned and repaired, if necessary, per state Department of Energy and Environmental Protection directives. 

• The town will have access to dam controls. 

• The town can place a lien on the property for expenses incurred in securing the property. 

• The town is authorized to conduct studies on the property.

• The town can place a lien on the property for costs of the studies. 

• The town must have up-to-date contact information for Weatherspoon. 

• Weatherspoon must provide two additional emergency contacts. 

• Bridgepoint may not transfer the property without written consent from the town.

Cummings said a lien has been filed for amounting to $63,000, the cost equivalent for the time Department of Public Works crews have spent at Amerbelle so far, Cummings said. 

The town council approved $150,000 for Amerbelle-related work. 

According to court papers, Weatherspoon did not duspute code violations, but contended that, because Bridgepoint owns the property, he cannot personally be ordered by the court to engage in or refrain from "engaging in any conduct with respect to the code violation."

The court rejected the contention, according to the decision.  


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