MAINE: Cost of a View

The natives of Kennebunkport, Me. (pop. 1,448) did not take to Maurice Sherman, the new owner of the Old Fort Inn. A go-getting type, Sherman was from New York. He took over in 1945, added a cocktail lounge and built a Colonial Room. "Brings New York's night life to Maine," the Old Fort's newfangled folders said.

The porch on the Old Fort Inn overlooks the ocean, but the view was partly blocked by the fine old trees on the summer estates belonging to George A. Elliott Jr. of Wilmington, Del. and Mrs. Marion Clapp Collin of Sewickley, Pa. A year ago, a hotel employee climbed the stone wall bordering the estates, cut down five tall spruces on Elliott's property, a fine twin white birch and three maples on Mrs. Collin's property. For good measure, he lopped the branches off quite a few pines and fir trees to clear the view.

Last week the two outraged property owners sued Sherman for damages in Maine's superior court. Elliott's caretaker testified that he had heard Sherman tell his caretaker: "Cut the trees. To hell with them. Let 'em sue. All they can get is the cost of the trees and we'll have a clear view of the ocean." Elliott appraised his trees at only $2,800, and Mrs. Collin figured hers were worth $1,350. But the jury was outraged. It increased the damages to $5,000 apiece, then found that the damage had been done on "improved property," which in Maine automatically trebles the damages. Unless he appeals successfully, New York's Sherman faces a resounding $30,000 bill as the price of his clear view of the ocean.