Dear Friend of Save Mill Lane Park,
The 7-member Maine Supreme Court has unanimously affirmed the decision of Superior Court
Judge Wayne Douglas in the grist mill case. The Supreme Court affirmed Judge
Douglas's decision vacating the Kennebunkport Planning Board's approval for
construction of a grist mill. The decision was issued as a "Memorandum of
Decision" dated January 11, 2018.
The Law Court focused on the fact that the Planning Board never approved a site
plan application for the boathouse to be operated as a museum. The Court did not
accept the Town of Kennebunkport and Kennebunkport Conservation Trust's
arguments that the Planning Board "implicitly" approved the boathouse to be
operated as a museum. The Court wrote, "Because the Board erred by granting the
Trust's application, we affirm the judgment."
The original Superior Court decision which vacated the Planning Board's approval
of the grist mill construction, directed that the Planning Board deny this
application. Judge Douglas called the Planning Board's decision an "error of law."
There are no further appeals from this specific Planning Board application.
Thank you all for your support of and interest in this matter which is of great
importance to the Kennebunkport community. There is substantial regional interest in
this property which is currently used as a public park and non-motorized boat launch
facility.
Jon Eagleson
Susan Graesser
Susan Graham
Lora McGrath
C. Evan Stewart
Jenifer B. Stewart
Gretchen Huber Warren
Pete Warren