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I <br />I <br />I <br />f <br />I <br />r <br />f <br />r <br />r <br />r. <br />r <br />L. <br />r <br />LINDQUIST & VENNUM p.l.l.p. <br />Clifford M. Greene. Esq. <br />January 26, 1999 <br />Page 2 <br />f ' <br />\ <br />The July 30,1979 letter from John Pillsbury to John Morrison as president of the <br />Country Club (Bates # ORO 820-823) sets forth Mr. Pillsbury’s understanding that all of <br />Woodhill Avenue is a public road and his specific concerns that the road be considered <br />and treated as a public road wholly apart from any access to the Woodhill Country Club. <br />First. Mr. Pillsbury was very precise about his understanding of the location of Woodhill <br />Avenue. He stated that: <br />"Woodhill Avenue, extendfs]... to the westerly boundary <br />of the Woodhill Club property." <br />Mr. Pillsbury stated that the gate constructed in 1978 is "at the eastern extremity nf <br />Woodhill Avenue. That the eastern end of Woodhill Avenue was the property line of <br />the Woodhill property was fully understood by all parties at that time. Both the point <br />where Woodhill Avenue ended and the location of the Woodhill property line are <br />described in the letter of Charlie Bellows, president of Woodhill. to the attorney for Mr. <br />Wagener in a letter dated July 21. 1978 (Bates # ORO 809). Describing the gate that <br />was put up in 1978 in connection with the establishment of hours on the use of Woodhill <br />access. Mr. Bellows stated "the gate itself and the barrier are 8-10 feet East of <br />Woodhill ’s westernmost boundary line which also is at the point at which Woodhill <br />Avenue terminates." Similarly, the City of Orono officer that visited Woodhill Avenue in <br />July. 1978 stated that the "east end" of Woodhill Avenue was where "a metal gate had <br />been installed and was open at the time." (Bates # ORO 809). The record is clear that <br />up to 1979, Mr. Pillsbury. the City of Orono and Woodhill knew where Woodhill's line <br />was located and each clearly understood that the east end of Woodhill Avenue <br />extended to the Woodhill Country Club property line. <br />John Pillsbury was unequivocal as to his belief that this stretch of road up the Woodhill <br />property line was a public road. I have always understood that Woodhill Avenue is a <br />public road and know of my own knowledge that it has been used going back at least <br />prior to 1920 for access to the Woodhill Club property." Mr. Pillsbury identified several <br />reasons why he had a strong interest in maintaining Woodhill Avenue’s status as a <br />public street. First, the utilities for his property ran in Woodhill Avenue up to <br />approximately the Woodhill property line and then ran back to his house parallel to the <br />Woodhill property line. Mr. Pillsbury was concerned that any utility company trucks <br />must gain access over Woodhill Avenue to the eastern extremity of that street iust <br />short of the Woodhill gate." (Indeed the utility poles run along the side of Woodhill <br />b