The end may be near for Coastal Maine Botanical Gardens’ federal lawsuit against Boothbay. On March 19, U.S. District Court in Portland issued a report stating CMBG and the town have “reached an agreement in principle” for the possible settlement of this case.

The agreement is subject to selectmen’s approval. The board will hold an executive session at 6:15 p.m. Wednesday, March 28 to discuss settlement details. Later, the board will hold a 7 p.m. public hearing in the municipal conference room seeking residents’ input on a possible settlement.

Town Manager Dan Bryer said the hearing will be held in the municipal building because there wasn’t enough time to post a venue change. He added residents can watch it on the municipal website or Boothbay Region Television.

Boothbay is in the midst of three lawsuits resulting from the Board of Appeals’ Nov. 9 decision denying CMBG a permit for its $30-plus million expansion. On Dec. 20, CMBG filed two lawsuits against the town, one in Wiscasset Superior Court, the other in U.S. District Court in Portland.

In the federal case, CMBG claims the appeals board violated the Gardens’ 14th Amendment U.S. Constitutional rights to due process. After the board began deliberations, two members inspected the expansion site on their own. CMBG alleges the actions of Steve Malcom and Scott Adams prevented them from challenging any evidence gathered in the unauthorized inspection. CMBG requested both members not participate in the final vote, but the board denied it.

CMBG also challenged the board’s decision classifying it “as more a museum than educational facility.” In court documents, CMBG called the decision “arbitrary and capricious.”

Both parties are still under a gag order and declined to comment about the possible settlement in the federal case or whether or not it may lead to a settlement in the superior court case.

In the Superior Court lawsuit, CMBG has claimed it was denied constitutional rights to due process and the board erroneously applied standards of use based on municipal land codes.

The Anthony family also filed a lawsuit against Boothbay regarding the Nov. 9 appeals board decision. Even though the appeals board denied CMBG a permit, the Anthonys challenged the board’s ruling that CMBG’s application met all state and local environmental standards except one. The family claims  the expansion project is too large for a special residential zone and jeopardizes their well water and region’s drinking water supply.

The Anthony family was named as an intervener in CMBG’s federal lawsuit. An intervener joins ongoing litigation, either as a matter of right or at the discretion of the court, without the permission of the original litigants.