Legal fight ends, (No ATV area) Feel Good Farm on the auction block (New Hampshire) By NANCY FOSTER, New Hampshire Union Leader Correspondent
Friday, Jul. 6, 2007
LYNDEBOROUGH – Half a dozen years of legal tug of war between the owners of Feel Good Farm and the town of Lyndeborough will come to a close on July 18, when Laurent and Sharon Boisvert's 556-acre property will be auctioned off to the highest bidder.
The auction is the result of foreclosure, Laurent Boisvert said, and the foreclosure, he added, is the result of six years' worth of legal battles with the town.
"The town has treated me bad," Boisvert said, "and the auction is a result of that."
In 2001, Laurent Boisvert began efforts to turn the property, which lies in both Lyndeborough and Mont Vernon, and abuts a 300-acre parcel owned by his mother Barbara, into a public recreation area. Boisvert envisioned building a campground and developing a series of multi-use trails that would be open to members of the New Hampshire All Terrain Vehicle Club, among others.
But neighbors cried foul over the potential noise and traffic problems that they said would accompany such a facility, and the town blocked Boisvert's plans.
Around the same time, Boisvert ran into trouble with the New Hampshire Department of Environmental Services, first in 2001 for allegedly dumping sewage from his port-a-potty business into a lagoon on his property, and again in 2002 because of damage to wetlands and streams caused by ATV traffic.
In 2002, the town issued a cease and desist order for the sewage dumping, which Boisvert said essentially put him out of business. Boisvert was also ordered not to allow public ATV riding on his property until he had a completed, and approved, site plan in hand.
When Boisvert ignored the order, believing that he had the right to let people ride on his land, the town sued.
Town administrator Neal Cass said the town took legal action against Boisvert because it had no choice.
"It's the town's responsibility to enforce its own ordinances," he said.
The case went from Superior Court, which found in favor of the town, and then ultimately to the state Supreme Court in order to settle the question of whether the town had the authority to control ATV usage on private land. The Supreme Court sided with the town, requiring Boisvert to adhere to the planning processes outlined in the town's ordinances.
With their legal arguments sunk, Laurent and Sharon Boisvert decided to make a go of turning Feel Good Farm into a recreation area that didn't include ATVs, and in March, the Lyndeborough Planning Board approved a plan that included an environmental education center, outdoor safety programs, and agricultural activities including a community farm.
But the approval came too late, Boisvert said, because his life savings, which he estimated at nearly $750,000, had been used up trying to fight his legal battles with the town.
"I've spent all my money on lawyers and court," Boisvert said. "I lose everything, and there's nothing I can do but sit and watch it go." Boisvert said he believes he was set up by the town and a group of 31 neighbors who sought to take his land out from under him.
"I'm a victim of politics," he said.
The three parcels that make up the Boisvert property will be auctioned off on July 18, beginning at 11 a.m. Boisvert said he isn't sure what his plans are after that, but he still has one last legal hurdle to clear before the days of Feel Good Farm are permanently behind him.
In April of 2006, both Laurent and Sharon Boisvert were charged with reckless conduct, criminal threatening, and simple assault after an altercation with their neighbor, David Roemer, while they were out riding on their ATVs.
According to court records, Sharon allegedly tried to drive her ATV into Roemer, while Laurent is accused of pushing and hitting Roemer in the chest with his fists. Both are set to stand trial in the case in Hillsborough South Superior Court in October.
Article Reference: http://www.unionleader.com/article.a...b-4ce73f2a3e41
Friday, Jul. 6, 2007
LYNDEBOROUGH – Half a dozen years of legal tug of war between the owners of Feel Good Farm and the town of Lyndeborough will come to a close on July 18, when Laurent and Sharon Boisvert's 556-acre property will be auctioned off to the highest bidder.
The auction is the result of foreclosure, Laurent Boisvert said, and the foreclosure, he added, is the result of six years' worth of legal battles with the town.
"The town has treated me bad," Boisvert said, "and the auction is a result of that."
In 2001, Laurent Boisvert began efforts to turn the property, which lies in both Lyndeborough and Mont Vernon, and abuts a 300-acre parcel owned by his mother Barbara, into a public recreation area. Boisvert envisioned building a campground and developing a series of multi-use trails that would be open to members of the New Hampshire All Terrain Vehicle Club, among others.
But neighbors cried foul over the potential noise and traffic problems that they said would accompany such a facility, and the town blocked Boisvert's plans.
Around the same time, Boisvert ran into trouble with the New Hampshire Department of Environmental Services, first in 2001 for allegedly dumping sewage from his port-a-potty business into a lagoon on his property, and again in 2002 because of damage to wetlands and streams caused by ATV traffic.
In 2002, the town issued a cease and desist order for the sewage dumping, which Boisvert said essentially put him out of business. Boisvert was also ordered not to allow public ATV riding on his property until he had a completed, and approved, site plan in hand.
When Boisvert ignored the order, believing that he had the right to let people ride on his land, the town sued.
Town administrator Neal Cass said the town took legal action against Boisvert because it had no choice.
"It's the town's responsibility to enforce its own ordinances," he said.
The case went from Superior Court, which found in favor of the town, and then ultimately to the state Supreme Court in order to settle the question of whether the town had the authority to control ATV usage on private land. The Supreme Court sided with the town, requiring Boisvert to adhere to the planning processes outlined in the town's ordinances.
With their legal arguments sunk, Laurent and Sharon Boisvert decided to make a go of turning Feel Good Farm into a recreation area that didn't include ATVs, and in March, the Lyndeborough Planning Board approved a plan that included an environmental education center, outdoor safety programs, and agricultural activities including a community farm.
But the approval came too late, Boisvert said, because his life savings, which he estimated at nearly $750,000, had been used up trying to fight his legal battles with the town.
"I've spent all my money on lawyers and court," Boisvert said. "I lose everything, and there's nothing I can do but sit and watch it go." Boisvert said he believes he was set up by the town and a group of 31 neighbors who sought to take his land out from under him.
"I'm a victim of politics," he said.
The three parcels that make up the Boisvert property will be auctioned off on July 18, beginning at 11 a.m. Boisvert said he isn't sure what his plans are after that, but he still has one last legal hurdle to clear before the days of Feel Good Farm are permanently behind him.
In April of 2006, both Laurent and Sharon Boisvert were charged with reckless conduct, criminal threatening, and simple assault after an altercation with their neighbor, David Roemer, while they were out riding on their ATVs.
According to court records, Sharon allegedly tried to drive her ATV into Roemer, while Laurent is accused of pushing and hitting Roemer in the chest with his fists. Both are set to stand trial in the case in Hillsborough South Superior Court in October.
Article Reference: http://www.unionleader.com/article.a...b-4ce73f2a3e41
