Westport Island’s selectmen and two other town officials are asking a Lincoln County Superior Court justice to pull them as defendants in a lawsuit over a road dispute. The suit challenges the town’s stance, but makes no constitutional or other legal claims against the officials themselves, the town’s attorney argues.

The suit does not claim the selectmen, Road Commissioner Garry Cromwell or Code Enforcement Officer Gary Richardson acted on their own, so they would not personally be liable, town attorney William Dale states in court documents filed Nov. 12.

“To require this many defendants to be involved in a relatively uncomplicated lawsuit will only serve to add complexity and expense unnecessarily,” Dale writes. Since the case is about a possible town way, and whether or not the town can maintain it, the only necessary defendant is the town, the lawyer maintains in a motion to toss the suit’s claims against the officials.

In another document the court also got Nov. 12, Dale, on behalf of the town and other defendants, answers the claims that Leslie Lilly of Denver, Colorado and her husband David Wollins make in the September suit. The response claims that an area near the couple’s Baker Road property is a town way. The suit claims it is their private driveway, in use since the 1700s.

Dale’s response denies the couple’s claims that the town has been hostile toward them. It asks the court to dismiss the case and award the defendants their costs, including attorney fees.

Lilly’s and Wollins’ attorney, Justin Andrus, did not immediately return a phone message Monday seeking comment on Dale’s filings.

The case is separate from another civil one involving the other end of Baker Road. In that suit, Westport Island has claimed that Barbara and Albert Greenleaf Jr. put debris in a town right-of-way to try to expand their property. The Greenleafs have denied the claim. The case remained pending Nov. 30 in Superior Court.