Nearly five years after Howland sold land to a developer for $1, the town filed a lawsuit to get the property back.
Howland sued developer Tylor Perry on Monday in Penobscot County Superior Court, alleging he violated a contract to build a grocery store and retail space. The town sold him a property on State Highway 155 for $1 in December 2020, with an agreement that he would develop the land.
Perry was supposed to build at least a $2 million development that included a grocery store and other retail buildings, the lawsuit said.
A grocery store would have greatly expanded the shopping options in the town of about 1,000 people. Howland has a convenience store with a small market, an American Legion and a medical marijuana shop.
Perry had until Dec. 29, 2022, to tell the town if the property wasn’t acceptable and then until March 13, 2025, to finish construction, according to the lawsuit. No visible steps had been taken to fulfill the construction requirements.
Howland told Perry he had until May 30 to finish construction and then sent a notice June 17 that the town intended to pursue action against him, the lawsuit said.
The town asked a judge to find Perry violated the agreement, return the property to the town and award attorney’s fees.
Perry learned about the lawsuit at 12:30 p.m. Tuesday when a Bangor Daily News reporter called him for comment. Two hours after the call, Perry called back to say he signed the property back over to Howland.
He had intended to return the land sooner, but he just hadn’t had a chance to get to it, Perry said. The goal was to make the grocery store development work, but things went a different direction, he said.
The land was returned, Town Manager David Lloyd confirmed Tuesday. Getting the property back was the main goal of the lawsuit, he said.
With the property back, every form of development is on the table for Howland’s Board of Selectmen, Lloyd said. He said a grocery store was the original dream but any commercial space would be good.
Howland has a $5,000 deposit from Perry that was supposed to secure the development, which can go toward attorney fees, according to the lawsuit.
