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November 7, 2011

Bar Harbor hotel dispute back to court

A legal battle between Bar Harbor hoteliers Tom Walsh and David Witham is continuing, after the Maine Supreme Judicial Court vacated a lower court's ruling.

Witham has been challenging the city's April 2010 approval of Walsh's $12 million West Street Hotel, arguing it does not comply with a local land use ordinance. Earlier this year, the Hancock County Superior Court threw out Witham's appeal of the project, arguing he had no standing in the suit. Witham appealed that decision to the state's highest court, which recently vacated the superior court decision and said Witham has a right to appeal the project, according to the Bangor Daily News. The case now goes back to Hancock County Superior Court for more arguments, with written briefs expected to be filed in the next couple of months. Construction is under way on the hotel, with completion expected next spring.

Walsh owns New Hampshire-based Ocean Properties, which owns and operates more than 100 hotels and resorts in North America, and is one of the developers proposing a racino in Biddeford. Witham owns 13 hotels in Hancock County, properties with an estimated total value of more than $50 million.

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