Federal judge close to ruling on Boothbay-CMBG agreement

Judge Levy gives intervenors one-day extension on opposing memos
Posted:  Friday, April 13, 2018 - 3:30pm

A federal judge is close to making a decision on a settlement in the Coastal Maine Botanical Gardens’ lawsuit against Boothbay. On April 11, Judge Jon Levy notified all three parties he was ready to make a decision, and would make a decision Monday, April 16 if the intervenor, the Anthony family, declined to submit a written memo in opposition by noon on Thursday, April 12.

On Thursday, Boothbay was notified by its attorney Sally Daggett that Levy had extended the intervenor’s deadline to noon on Tuesday, April 17. CMBG and Boothbay were also given a deadline this week to submit a memo contesting the intervenor by noon, Wednesday, April 18. Town Manager Dan Bryer wasn’t sure if the intervenor would submit an opposing memo or when a possible court date would occur.

On April 5, Levy told the parties he would take about a week to decide on the consent decree and the Anthony family’s request to dismiss CMBG’s claim against the town regarding an alleged civil rights violation. In December, CMBG filed a federal lawsuit in Portland and one in superior court in Wiscasset claiming the town violated the Gardens’ right to due process. On Nov. 9, the board rejected CMBG’s request to recuse two board members who admitted visiting the expansion site on their own. CMBG claimed the two independent acts violated its civil rights by not allowing CMBG to challenge any evidence collected during the visit.  The board voted 3-2 to deny CMBG a permit for the expansion project.