Abutter seeks injunction to stop work on guest house in Southwest Harbor
SOUTHWEST HARBOR, April 29, 2026 - The abutter who won the appeal against the owner of a guest house on Clark Point Road is asking Superior Court to stop the construction which has not abated despite the 4-1 ruling by the town’s Appeals Board last September.
Dan Selmi and his wife Ann Selmi of 66 Clark Point Road are seeking an injunction in a lawsuit filed Monday in Cumberland County.
“The Court must not bless Owner’s strategy of ignoring its lack of a building permit and rushing to complete construction to create favorable ‘facts on the ground,’”stated the suit filed by Kyle M. Noonan of the Portland law firm of Pierce Atwood.
The Selmis seek “a preliminary injunction enjoining and restraining Owner from any further construction, building, or development of the Property until the Court resolves this matter.” The guest house is owned by Jason Podjasek of New York City.
Two code officers - the late John Larson and his successor Jarrod Kushla - have refused to enforce the decision by the Appeals Board based on legal advice.
Kushla first based his decision on an opinion Larson received before he died last December.
But in a second opinion April 14, the town’s outside counsel, Kristin M. Collins, stated that while Selmi won the appeal to remand the permit application back to the Planning Board, she still advised that the code officer not stop the work.
Selmi claimed, “Only very recently did the CEO’s lawyer change this position and tell the CEO he could act. But the lawyer still advised doing nothing.”
He also claimed Collins gave a one-sided opinion after a conversation with the owner and not with the Selmis.
Collins “declared that ‘the structure is largely complete’ and only ‘finish work’ remained. But the structure as it now exists continues to intrude into the setback all the way to the property line,” Selmis’ lawsuit stated.
The case of 72 Clark Point Road ignited an entire neighborhood in town. The Appeals Board had to move its meetings from the town office building to the firehouse to accommodate the crowd which occasionally exceeded 40 residents.
After the Selmis won their appeal, Podjasek filed suit.
“Owner has never filed a motion with this Court seeking to stay the effect of the Board of Appeals decision,” Selmi alleged. “Instead, Owner has continued to construct a new house on the property.”
Worth visiting and having a look. The building looks quite different today. The work has progressed dramatically over the intervening months. Certainly doesn't look like a situation where the Board of Appeals action had any teeth whatsoever. Sad when situations like this play out-over and over again in plain sight of the public.
The entire project "guest house" at 72 Clark Point Rd., was based on an application which was NEVER investigated by the CEO, which issued a construction permit based on a "footprint" of the prior greenhouse. As the greenhouse was had been removed before May 2023, the "footprint" argument wasn't valid. The permit was issued in December 2024, more than a year after removal, a violation of the ordinance provision... And, the setback provision of 15 feet.
Was anyone following the law?
In addition, the prior owner of 72 Clark Point Rd., stated there was No sewer in the greenhouse. The new owner's application for a building permit stated there was existing sewer. And yet, NO CEO inspection or investigation... at the time.
The town is covering up FACTS, to what end?
Malfeasance, by the then CEO?
Ignorance, by the Board of Appeals? and its Chair?
Political points, by the Select Board as retaliation?
Finally, who benefits from the failure to follow the law?
The facts of the 72 Clark Point Rd., situation should be studied as an example of the failure of intellectual corruption in local town government!