Judge Ralph Tucker ruled in favor of Westport Island Tuesday morning, in Wiscasset District Court on a small claims action brought by Stanley Lane.

Lane brought the action against the town for payment of removing a tree that had been damaged during the Patriot's Day storm, near his home on the town right of way. He asked the court for $950, the cost of having the tree cut down, plus court costs.

On December 3, the town reimbursed Lane $712 of the $950 from the Federal Emergency Management Agency (FEMA) money the town received for damages to the town from the Patriot's Day storm. The selectmen also told Lane in a letter they would pay him additional money if they received money from the state due to the storm.

Lane told Judge Tucker the tree was a danger because it was split, and that his attempts to have it taken down through the town and Central Maine Power were unsuccessful. Knowing that another storm was coming he said he hired Driscoll Tree Experts to take it down.

First Selectman George Richardson told Judge Tucker the town had not given Lane permission to hire the tree experts. He also said the town had given Lane the money that FEMA had given the town for the cutting down of the tree.

Westport Island Tree Warden, William Frenier, testified on behalf of the town. He said the tree was not the danger that Lane had indicated. In his opinion the town shouldn't have given him money.

After the listening to both sides, Judge Tucker ruled that Lane had not proved his claim against the town.

There were about 17 small claims cases before the District Court Tuesday morning. The District Court has the jurisdiction over small claim cases up to $4,500.