NEWS

Potholes dispute leads to arrest

Neighbors don't agree on maintenance of dirt road

Brian Early
bearly@seacoastonline.com
Mary Hebbard of Spruce Lane has sued the city of Dover challenging the validity of a permit the city issued to John W. Brough Jr., who lives nearby on Old Garrison Road. Brough sought the permit to do repairs on Old Garrison Road, which is a Class VI road. Hebbard argues that she owns a section of the road and needs to provide permission for the work to be carried out. [John Huff/Fosters.com]

DOVER — A dispute about fixing pot holes on a dirt road has led to ongoing civil and criminal cases, including an arrest alleging assault.

Mary Hebbard of Spruce Lane in Dover filed a civil suit in Strafford County Superior Court on April 15 seeking an injunction against the city of Dover and its Community Services Director John Storer after neighbors hired a contractor to fix the potholes Old Garrison Road, a part of which she owns along with her husband Rick. The suit aimed to stop Dover "from granting to third parties to conduct work on the petitioner’s property within the right of way of Old Garrison Road without (her) consent."

Old Garrison Road has a Class VI designation, meaning the city doesn't provide plowing or routine maintenance.

Hebbard's suit seeks to stop neighbors Karen and John Broughs of Old Garrison Road from conducting any maintenance to the part of the road she and her husband own without her consent. It also seeks to require contractor Ryan Colbath, who has been hired by the Broughs, to use snowplow shoes on his plow blade to prevent damage.

In seeking a permit to hire Colbath to fix the road, the Broughs told the city the potholes made it impassable for two of their three vehicles. The city issued a permit to the Broughs on April 12, and Storer notified the Hebbards via email that work would begin on April 15. The same day, a judge granted Mary Hebbard’s motion to temporarily halt any maintenance to the section of road pending the outcome of her complaint.

A hearing on this complaint was held Monday in Strafford County Superior Court, and Judge Mark Howard took the arguments under advisement, keeping the no-work order in effect until he issues a decision.

Monday's court hearing came several days after an incident related to this dispute led to the arrest of Rick Hebbard.

On April 16, apparently unaware of the judge’s order to stop work, Colbath, hired by the Broughs, began work on the disputed part of road around 11 a.m. According to Dover police Capt. Brad Gould, Mary Hebbard and her husband Rick “approached the construction site and began shouting that the work needed to stop. Mr. Hebbard then rushed past a uniformed detail officer and climbed onto the bucket of loader that was actively attempting to spread material on the road and began yelling at the operator.”

Two Dover police officers, who were at the scene as part of a traffic detail, ordered Hebbard to get off the equipment, Gould said. An officer told Hebbard the city had issued a work order for the project. Rick Hebbard then produced a copy of the order by the Strafford County judge to stop the work, according to Gould.

“The officers attempted to read the copy of the order but were unable to do so due to Mr. Hebbard’s disruptive behavior. As the officers were attempting to read the order, Mr. Hebbard continued shouting and attempted to grab a rake being used by a laborer,” according to Gould. “Mr. Hebbard and the worker struggled over control of the rake, and Mr. Hebbard shoved it forward, forcing the worker off balance. It was at that time that the two officers informed Mr. Hebbard that he was under arrest for disorderly conduct and simple assault.”

Gould alleged Hebbard attempted to struggle and pull away from the officers before taking into custody and was also charged with resisting arrest. Hebbard was released on personal recognizance bail pending arraignment on June 3 in Dover District Court.

After the officers became aware of the court order, work ceased and the officers directed Colbath to remove the material that was put down, Gould said.

When asked Monday if he wanted to respond to the criminal allegations, Rick Hebbard replied, “No thank you.”

This is not the first dispute involving the Hebbards and Colbath. According to a 2009 Foster’s report, the Hebbards sought a restraining order against Colbath and his brother and father, both named William Colbath. According to that report, a dispute between the two families began in 2003.

During the court hearing Monday, the city of Dover, represented by Christopher Cole of Sheehan Phinney, argued that though Mary Hebbard owns part of the roadway that became a municipal road in 1878, the city paid for an easement, which allows it to conduct maintenance on it.

Mary Hebbard, represented by Robert Carey of Orr & Reno, argued that while there was a public easement for the Class VI road, any work still needed the permission of the property owner to conduct the work on the section of the road she and her husband own. Carey said the Hebbards do maintain the road, “but not during mud season.”