Biddeford withdraws its appeal to Maine’s highest court over UNE pier project approval
BIDDEFORD — The city has dropped its appeal of the Saco River Corridor Commission’s 2024 approval of a University of New England pier project, citing a recent commission decision that rendered the legal challenge moot.
In a statement released Tuesday, Mayor Liam LaFountain said Biddeford will no longer pursue its case before the Maine Supreme Judicial Court, where it had sought review of whether the commission acted within its authority when it approved the controversial waterfront structure.
The city first challenged the project in York County Superior Court, asking a judge to invalidate the commission's approval. That complaint was dismissed in March on procedural and timing grounds. Undeterred, Biddeford appealed directly to the state's highest court in April, arguing that the commission's 2024 decision contradicted its own 2001 establishment of a 250-foot vegetative buffer zone designed to restrict development along the Saco River.
However, on Aug. 26, the Saco River Corridor Commission voted 7-3 to extend UNE's permit for the project by two years. During that meeting, several commissioners, including chair Benjamin Pinault, emphasized that the body retains the authority to amend its own decisions and can choose whether to allow development within the previously designated buffer zone.
Commissioner David Robinson argued during the discussion that regulatory decisions must remain flexible. "It's situational, and situations change," Robinson said. "We have to decide what makes the most sense at any given time."
With that stance affirmed, LaFountain explained that continuing the appeal would serve no practical purpose. "Even if the court ordered another review of the matter, the decision would likely fall to the commission, leading to the same outcome," he said. "It would not be responsible to spend taxpayer dollars to prolong a process that cannot produce a different result."
The mayor acknowledged that residents had raised legitimate concerns about shoreline protection and the buffer zone, and that pursuing the appeal had helped illuminate those issues. "Biddeford residents raised legitimate questions about whether that longstanding shoreline protection was being honored," LaFountain said. "We wanted those questions investigated, and we deserved answers."
Ward 1 City Councilor Patricia Boston echoed that sentiment, saying the city's persistence had brought the buffer zone issue to light during the commission's extension discussions. "Our persistence helped bring the underlying issue to the surface, and that matters," she said.
UNE spokesperson Sarah Delage welcomed the city's decision and expressed confidence that the project can proceed while safeguarding the environment. "After years of environmental review, public hearings, and regulatory scrutiny, UNE remains confident that the project can move forward while protecting the Saco River and its surrounding environment," she said in a written statement.
The proposed pier, to be located on UNE's Biddeford campus along the Saco River, is intended for year-round research and aquaculture activities. While university officials have stressed its academic benefits, the project has drawn opposition from some residents concerned about the buffer zone, potential impacts on nearby moorings, and broader environmental implications.
UNE previously announced plans to begin clearing trees at the site once the city’s Institutional Zone Review Committee lifts a development moratorium. Delage urged the city not to delay issuing necessary permits. "There should be no reason for the city to further delay issuing permits," she said.
Relations between the city and university have been strained throughout the dispute, with both sides acknowledging a frayed working relationship during the months of debate. LaFountain indicated that restoring that partnership will take time but remains a priority. "Moving forward means finding ways to work together constructively, even when we disagree," he said.
