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Botanical Garden Sues Town for Alleged Due Process Violation

Botanical Garden Sues Town for Alleged Due Process Violation

Photo: 560 WGAN Newsradio


BOOTHBAY, Maine (AP)   Coastal Maine Botanical Gardens garden has filed a lawsuit against Boothbay, alleging its rights to due process were violated when the town revoked a permit over a $30 million expansion.

In a complaint filed in U.S. District Court on Dec. 20, Coastal Maine Botanical Gardens says the Boothbay Board of Appeals process was tainted in part because it allowed two members to vote after they held private meetings with opponents of the expansion.

The board voted 3-2 in November to rescind a building permit previously approved by the town planning board.

Despite the ongoing appeal, the gardens began construction in early 2017.

The town’s attorney and the board of appeals’ attorney could not be reached for comment Tuesday.

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