The developers of the Great American Neighborhood have not dropped their lawsuit against the town of Scarborough, and are now asking the town to pay more than $40,000 in legal fees.
The issue seems to be the last one relating to the suit since brothers John and Elliott Chamberlain have begun the planning process for an approximately 288-unit development at Dunstan.
The Chamberlains sued the town in 2003 after a contract zone that would have allowed the construction of 397 units was overturned by a resident-initiated referendum.
The suit argued that the town’s zoning ordinances were inconsistent with its comprehensive plan, a point upheld by a Superior Court judge in February.
In July the Town Council approved a new zoning ordinance that allowed for the construction of 288 units, which the Chamberlains are using for to develop their 142-acre parcel.
According to court documents, the Chamberlains believe the town should be responsible for a portion of their legal costs, $41,319.
The Chamberlains are arguing that the town knew the zoning ordinances were inconsistent with the comprehensive plan but denied it, drawing out the lawsuit.
Their court filing cites as evidence several news stories, including in the Current, in which town officials admitted that the town had little chance of winning.
“Plaintiffs should not have to bear the financial burden of the town’s decision to deny a fact it knew to be true,” the court document reads.
Elliott Chamberlain declined to comment on the issue.
Town Council Chairman Jeffrey Messer said he was surprised and disappointed that the Chamberlains were seeking legal fees from the town, because the council had approved their 397-unit development, though it was overturned at referendum.
“I see no reason to pay their legal fees. That’s the price of doing business,” Messer said.
Chamberlain said there have been some slight adjustments to the proposal since he last appeared before the Planning Board. He expects to request preliminary site plan approval sometime soon, but would not specify when.
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