AUGUSTA -- Replace land with land.

That's what a judge told lawyers for the city and state today.

His direction means the city can keep $1.5 million paid for six acres of the former Cony High School site, as long as land of equal value in the current Cony site or elsewhere is kept in trust for educational purposes.

Justice Donald Marden said the city must replace the real estate formerly governed by the Daniel Cony Trust with other land.

He rejected a proposal to put the money into a trust that would pay out money "to renovate, replace, enhance and improve existing educational and athletic facilities or programs at Cony."

That proposal was supported jointly by city attorney Stephen Langsdorf, Assistant Attorney General Christina Moylan and Cony descendant Robert Fuller.

It was aimed at settling the single issue remaining in a lawsuit filed by the city three years ago against the Attorney General as keeper of the Cony Trust.

The city sought to sell part of the trust-governed land near Cony Circle because a new high school was built on Pierce Drive adjacent to the Capital Area Technical Center.

"The real estate upon which Cony High School now sits, up to the value of $1.5 million, should be held by the trustees of the Cony trust, and the city should get $1.5 million as consideration for the conveyance of land," Marden said.

"It's a win-win for the city," Moylan said after the hearing in Kennebec County Superior Court.