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April 27, 2018

Judge rules Coastal Maine Botanical Gardens can proceed with expansion

Courtesy / Coastal Maine Botanical Gardens An architect's rendering shows what the new year-round glass conservatory and gardens when completed in 2019-2020.

Coastal Maine Botanical Gardens can proceed with its $30 million expansion thanks to a federal ruling earlier this week. A judge approved a consent agreement that settles two lawsuits filed against Boothbay over a Nov. 9, 2017 board of appeals decision halting the project that already was underway.

The Bangor Daily News reported that U.S. District Court Judge Jon D. Levy signed the decree on Tuesday, nearly three weeks after hearing arguments by attorneys for the Coastal Maine Botanical Gardens, the town of Boothbay and an abutter named as an intervenor in the lawsuits.

Under the consent decree, which was approved by Boothbay selectmen on March 28, Coastal Maine Botanical Gardens may now complete all construction as initially approved by the Boothbay Planning Board. The November 2017 decision by the Boothbay Board of Appeals to overturn that building permit is now vacated. The botanical gardens dismissed its claims against the town as part of the settlement, with prejudice, meaning they cannot be filed again.

BDN reported that the town has agreed that the botanical gardens will be treated as “substantially similar to and compatible with an educational facility,” which had been opposed by the Anthony family and other abutters.

Under the decree, Coastal Maine Botanical Gardens will place a permanent conservation easement on 75 acres of its land within the watershed of Knickerbocker Lake, which neighbors had argued was too fragile and could not withstand further deterioration.

The Boothbay Register reported that Boothbay and the botanical gardens presented arguments for the proposed settlement at the April 5 court hearing, while the Anthony’s family lawyer argued against it. 

The newspaper reported that in the March 28 vote approving the consent decree, Boothbay Selectmen Chuck Cunningham, Steve Lewis, Dale Harmon and Mike Tomacelli supported the agreement, while Selectman Kristina Ford voted against it.

Read more

Coastal Maine Botanical Gardens plots multimillion-dollar expansion

Boothbay appeals board halts $30M Coastal Maine Botanical Gardens' expansion

Botanical Gardens pursues lawsuit over rescinded $30M expansion permit

Boothbay weighs settlement in Coastal Maine Botanical Gardens legal dispute

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