A U.S. District Court judge will make a decision “within a week’s time” about dismissing a civil rights lawsuit and allowing a consent decree regarding  Coastal Maine Botanical Gardens’ expansion project. On April 5, Judge Jon D. Levy heard arguments from legal representatives of Boothbay, CMBG and the Anthony family regarding two legal matters.

The first regarded the Gardens’ civil rights lawsuit against Boothbay. On Dec. 21, the Gardens filed suit in U.S. District Court in Portland claiming the town violated CMBG’s  “right to due process” under the U.S. and state constitutions. The lawsuit stems from Boothbay’s board of appeals Nov. 9 decision denying CMBG a permit for the project.

CMBG claims actions by two appeals board members – ex-parte communications with the Anthony family and inspecting the site without other board members’ knowledge – violated its 14th Amendment rights. On Nov. 7, the Gardens requested those members, Steve Malcom and Scott Adams, be recused from the vote. But on Nov. 9, neither member voluntarily recused himself. The appeals board allowed both members to vote. Malcom and Adams were among three members who voted to deny CMBG’s permit. The suit also challenges an appeals board decision characterizing a botanical gardens as “more like” a museum, than an educational facility.

The second issue is a proposed consent decree between CMBG and Boothbay to settle two current lawsuits. CMBG filed a second lawsuit in Superior Court in Wiscasset making similar claims as in federal court.

Judge Levy delayed ruling on the consent decree after attorney Todd Douglas requested he allow the Anthonys’ lawsuits in federal and superior court to conclude first. “If you entered a decision now, it would tear the guts out of our other pending lawsuits,” Douglas said.

The Anthonys’ lawsuit revolves around the same Nov. 9 board of appeals ruling. The board ruled CMBG met 42 of 43 municipal ordinance standards in applying for a permit. The Anthonys disagree with several of those rulings. But one in particular triggered their lawsuit. Douglas claimed the appeals and planning boards misapplied an ordinance regarding an alternative septic system’s location in the watershed overlay zone.

CMBG attorney George Burns disagreed. He believed Levy could rule on the consent decree without impacting the Anthonys’ other complaint.

Attorney Sally Daggett, who represented Boothbay, told Levy “the town was comfortable (with planning and appeals boards rulings) and didn’t see (Douglas’s) claims as viable ones.”

Levy assured all three parties he would “render a decision quickly” on the consent decree and on dismissing the civil rights case against Boothbay.