Breaking news: Judge upholds Tremont select board approval of campground with eight yurts
TREMONT, Aug. 9, 2022 - Maine business court judge Michael A. Duddy Monday dismissed the case challenging the validity of the town consent agreement authorizing eight yurts at the Acadia Wilderness Lodge campground 38 Kelleytown Road.
Still pending is AWL’s appeal of the 5-0 ruling by the town’s appeals board overturning a Planning Board approval of a much larger campground abutting 38 Kelleytown Road.
In his rationale, Judge Duddy determined that he had jurisdiction to review the case and determine the validity of the consent agreement approved by the Select Board.
“However, the judge concluded (wrongly in our view) that because the Code Enforcement Officer's enforcement decision and notice of violation were not appealable under the Tremont ordinance, the Select Board’s approval of a consent agreement adopting the CEO’s determination could also not be appealed,” stated neighbor Cindy Lawson, whose filed the challenge with her husband.
“The judge also concluded (again, wrongly in our view) that the eight yurts placed on the site were not illegal structures because they did not violate the setback requirements under the 2019 ordinance that was in effect when the original project was approved, even though the yurts did appear to violate the 2021 LUO setback requirements which were in place when the yurts were constructed/placed on the site.”
“In his ruling, Judge Duddy did not address the furtive methods by which the town and AWL reached the consent agreement that were disclosed by the documents released through the FOAA request,” Lawson stated.
“We are deeply disappointed by Judge Duddy's latest decision. It is concerning that a developer and complicit Select Board can craft and stage a way out of being held accountable for violations initially kept secret. It is our position that these actions specifically undermine the authority of the Planning Board and deprive members of the community who will be most impacted by these developments from having a voice.
“At this time, we are evaluating our options for moving forward.”