In a decision dated March 20, 2026, the Maine Superior Court vacated the Town of Boothbay Harbor’s 2020 grant of a building permit to Harbor Crossing LLC for property at 14 Todd Ave. The decision follows court challenges by 29 McKown LLC and Chandler Wright, who are abutters to the property. The Superior Court directed that the matter be remanded to the Town of Boothbay Harbor with instructions to send Harbor Crossing’s application to the Planning Board for site plan review.

Last week, Harbor Crossing notified the Town’s attorney that it has appealed the Superior Court’s decision to the Maine Supreme Judicial Court, also referred to as the Law Court. The Town’s attorney has advised the Town that, under applicable court rules and precedent, Harbor Crossing’s appeal to the Law Court has resulted in a stay of the Superior Court decision. This means that the Town and the Planning Board do not have authority to address the matter on remand until Harbor Crossing’s appeal is decided by the Law Court.

The Town has incurred $41,710 in legal fees in connection with Harbor Crossing’s application since 2020, which includes the Town’s legal fees related to review by the Code Enforcement Officer, Planning Board, and Board of Appeals, as well as all court proceedings related to the abutters’ court challenges.

The Town stands ready to comply with the ultimate determination of the courts, following resolution of Harbor Crossing’s Law Court appeal. The Town has been advised that Law Court appeals can last six to 12 months or more before there is a final decision. The Town’s attorney has also encouraged legal counsel for Harbor Crossing and the abutters to explore a resolution of the matter that would be acceptable to all parties.