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Justice Warren sustains appeal of Midtown approval

Portland Maine flooding

Our appeal alleges the city has failed to make a required plan to deal with flooding for the project area in Bayside, such as here along Somerset Street in September 2012.

Superior Court Justice Thomas Warren has sustained our appeal of the Midtown case against the City and The Federated Companies while dismissing some of the counts, but incorporating those arguments into the remaining counts. He also laid out a schedule for upcoming filings in the case, which extend into Fall 2014.

Justice Warren refused to dismiss the third of our seven counts that alleges the Planning Board approved an incomplete stormwater drainage plan for the Midtown project, after which Planning staff met with abuttors to fashion a complete plan, which was announced later as the approved plan without allowing public comment. Continue Reading →

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