Eastside Waterfront Park moves ahead in court
Eastside Waterfront Park court action proceeded July 17 when Boothbay Harbor Waterfront Preservation and park abutters Joe and Jill Doyle delivered a new round of briefs to Lincoln County Superior Court.
As reported in the Register, the court ordered both parties to present consolidated briefs on an ongoing conflict between the Doyles and BBHWP related to the construction of a park at 65 Atlantic Ave. in Boothbay Harbor. The conflict has been going on since 2021, but it first went to court June 15 of this year.
This is the second of three rounds of legal action before the case gets scheduled for trial. The final rounds of briefs are expected to be delivered by the beginning of August. A court date has not been set, but, according to BBHWP President John O’Connell, it may be as early as September.
The process gives both parties the opportunity to lay out their arguments and reply to each other’s positions in the courts rather than town hall. According to Kristin Collins, the Doyles’ lawyer, it largely allows the parties to present already existing arguments and evidence alongside supporting case law before a judge.
The briefs outline two main issues, one around the site plan review for the park and another regarding shoreland zoning concerns. If BBHWP loses, it may need to restart the permitting process in order to build a park.
Collins is optimistic about the Doyles’ arguments and their chances of success. O’Connell said his biggest concern is the delay of park construction. He has faith in the legal process.
“The judges just want to fix it,” he said. “They just want to rule fairly, and I have confidence in the court."