York seeks to be a ‘good neighbor’ and resolve border dispute with Kittery: here’s why

YORK, Maine — The City of York aims to be a “good neighbor” and resolve its border dispute with Kittery.

The Selectboard recently agreed to Kittery’s request to jointly ask the state Legislature to officially cement the current boundaries.

“We should collaborate with our neighbors to the south and not try to be adversarial,” said Selectboard Chairman Todd Frederick.

York officials previously claimed that a section of land south of the city border in Kittery belonged to York, a discrepancy revealed after development in Kittery was approved. In 2022, York filed a lawsuit in York County Superior Court to appoint three commissioners to inspect the boundary and establish a new official boundary. The case was dismissed, with Judge Wayne Douglas ruling that a perambulation – a formal inspection of the boundaries – was necessary first.

Earlier this year, Selectboard and Kittery city officials made the necessary trips, confirming York’s suspicions that about 94 acres of Kittery are part of York.

Kittery officials have opposed any changes to the city limits.

In a July 15 letter to the York Selectboard, Kittery attorney Stephen Langsdorf argued that the fact that the towns maintained the current boundary without moving until recently suggests that there has been no “no dispute regarding the location of the border”. Langsdorf warned that realigning the border would have a significant impact on Kittery residents and businesses, affecting thirteen homes and raising property rights and tax questions.

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York and Kittery meet to resolve border dispute

The York Selectboard decided 4-1 in August that it would not pursue legal action to determine a new town boundary. Instead, they wanted to negotiate a resolution, either fixing the border at its current location or some other mutually acceptable configuration.

Frederick, along with select board member Robert Palmer and City Manager Peter Francis, met with Kittery City Council leaders on November 7.

Kittery, Frederick said, asked them to jointly petition the Legislature to formalize the city’s supposed/existing boundaries prior to the recent walkout.

“Kittery would like to see this codified, one way or another,” Frederick said. “They would like the line (based on current tax maps) to be as it is today.”

Selection committee member Mike Estes said he had “no problem doing that.”

“But I’m not sure the board can do it,” he said.

City Manager Peter Joseph said the board doesn’t have the power, but the Legislature does. He said he plans to consult with the city attorney before returning to the board with a road map on how to proceed.

He added that the two cities will have to agree on the exact boundary lines before presenting a joint petition to Parliament.

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York and Kittery plan to work together in the future

Palmer called the meeting with Kittery productive and highlighted the potential for future collaborations between the cities.

“It led to some positive conversations and an understanding that we really should come together more often as two boards to talk about things that maybe we could do together,” Palmer said.

Frederick added that the two councils plan to meet at least once a year to discuss areas of common interest like coastal resilience.

“We spent about an hour and a half discussing collaboration projects between the two cities,” he said.

This article was originally published on the Portsmouth Herald: York seeks to resolve border dispute with Kittery.