Boothbay selectmen voted 4-1 March 28 to enter into a consent decree with Coastal Maine Botanical Gardens to settle two pending lawsuits. CMBG filed federal and superior court lawsuits against Boothbay resulting from a Nov. 9 appeals board decision denying the Gardens an expansion permit. Boothbay is currently battling three lawsuits as the Anthony family also filed a Superior Court lawsuit resulting from the appeals board decision.

According to Boothbay attorney Sally Daggett, the town and CMBG entered into mediation talks which eventually led to a consent decree. A U.S. District judge has scheduled a court date to review it. If the agreement meets state and federal laws, the judge will question Boothbay and CMBG officials along with the Anthony family in deciding whether or not to approve it.

Selectmen discussed the proposed consent decree with Daggett in an executive session prior to the board meeting. Then, selectmen held a public hearing regarding the proposed settlement. About 40 people attended and about a dozen spoke, urging selectmen to either settle  or continue the lawsuits.

Selectmen Chuck Cunningham, Steve Lewis, Dale Harmon and Mike Tomacelli supported the agreement. Selectman Kristina Ford voted against it. Harmon has served for nearly a decade on the board. He described the vote as the most difficult one he’s cast.

“I’ve made a lot of votes and lot of decisions at this desk. It’s been an emotional issue and one where I see a lot of legitimacy on both sides. A negotiation has taken place and I believe I’m doing what is in the best interest for the town of Boothbay and the taxpayers,” Harmon said.

Ford agreed the consent decree was a tough vote. She is a supporter of the Botanical Gardens, but she believed there were too many unanswered questions about the agreement. “There are things I understand, but there are others I don’t feel comfortable with,” Ford said.

Daggett said the hearing would give selectmen an opportunity to hear the public’s view, but after the vote, selectmen wouldn’t explain their decision. She reported the consent decree would end Boothbay’s participation in the legal battles with CMBG and the Anthony family. The decree included an indemnity clause. “This means Boothbay is done with litigation,” Daggett said. “This agreement brings a certainty of result with no more legal fees for the town.”

No date was given for the judge’s decision.