Boothbay Harbor Waterfront Preservation at 65 Atlantic Ave. filed a Rule 80b petition against Boothbay Harbor in Lincoln County Superior Court May 17. The petition concerns selectmen’s passage of a wharves and weirs license for abutter Joseph D. Doyle Living Trust. Doyle was approved for a 204-foot x 6-foot pier, 40-foot x 4-foot runway, two 10-foot x 20-foot floats, and two 3-pile dolphins.
The vote from the five-person board, which had one vacancy at the time, was 2-1 with one abstention. The petition cited Title 1 Maine Revised Statutes §71 (3) which gives “authority to 3 or more” and authority must be “… a majority to act when the statute, charter or ordinance does not otherwise specify.” Because the vote was 2-1, the board’s ruling in favor of a license was void, the petition argued.
BHWP is asking the court to revoke the license and declare the select board’s vote “invalid and of no legal effect.” The petition also requests the court grant any relief to the petitioner, including legal costs.
BHWP President John O’Connell and town officers declined comment.