Published March 19, 2008 in The Kennebec
Journal
BY KEITH EDWARDS
Staff Writer
AUGUSTA -- The state's highest court ruled Tuesday the
sale of part of the old Cony High School can go forward, paving the way for a
new Hannaford supermarket.
The Maine Supreme Judicial Court upheld a lower court ruling that determined
selling the 1964 addition of the former high school, and dedicating $1.5 million
in proceeds to the new Cony High School, would advance -- not violate -- Daniel
Cony's purpose of educating the youth of Augusta.
Daniel Cony conveyed the land under the former Cony site in 1815 "for the use
and benefit of aiding and supporting a female academy on the site."
Later, in 1908, the deed to the property was given to the city in a trust,
with the stipulation it be used as a high school, athletic field and "pleasure
ground."
The city filed suit to have those deed restrictions lifted because the site,
officials said, is no longer suitable for a high school and a new Cony High
School had been built about a mile away.
But some heirs of Daniel Cony intervened, and appealed a lower court ruling
allowing the city to sell the site.
Tuesday, justices ruled in favor of the city, saying Daniel Cony's interest
in educating the youth of Augusta would be best served in allowing the sale to
go through, with the proceeds to benefit students at the new Cony. Click here for the complete story.
