UNE, SRCC ask court to dismiss Biddeford’s complaint

By RANDY SEAVER, Editor

The University of New England (UNE) and the Saco River Corridor Commission (SRCC) are both asking the York County Superior Court to dismiss a civil complaint that was filed against them by the city of Biddeford.

The requests for dismissal were each filed earlier this month after the city formally brought its complaint to the court in December.

The city’s complaint — according to City Attorney Harry Center – was triggered by new information that came to light in an Oct. 14, 2025 story published by the Biddeford Gazette: UNE Pier approval tainted by glaring SRCC mistake.

At the center of its complaint, the city argues that the SRCC neglected to consider its earlier ruling in 2001, which created a 250-foot no-development buffer zone between UNE’s campus and the Saco River.

Despite that 2001 ruling, the SRCC approved UNE’s request to construct a large-scale pier on the Saco River in August 2024. That pier will require construction of a paved access road through the buffer zone.

In October, SRCC Executive Director Cherie Dunning described the situation as a mistake that could not be remedied retroactively because the time frame for an appeal of the agency’s decision has expired.

 “It does appear that there was an omission of relevant information provided to the commissioners before last year’s vote,” Dunning told the Gazette in October.

Only weeks after the city’s biennial election, Biddeford’s new mayor and city councilors decided that the issue warranted further review and consideration.

RELATED: City files court challenge for UNE pier approval

Center told the Gazette this week that the court has yet to hear any arguments. He also said that he – on behalf of the city – has filed a request to have the court hear oral arguments.

 In their motion to dismiss, the university listed several reasons why the city’s complaint should be dismissed by the court, arguing that the “court lacks jurisdiction to consider the untimely complaint and that the city failed to exhaust any administrative remedies.”

Furthermore, UNE claims that the Saco River Corridor Commission did not fail to do its due diligence in reviewing the university’s application.

The university also says the city does not have standing to bring the complaint.

The controversial pier project was narrowly approved by the Biddeford Planning Board (3-2) in August 2025.

A group of Biddeford residents then filed an appeal of the planning board’s decision but that appeal was rejected by the city’s Zoning Board of Appeals.

The research pier was also approved last year by both the U.S. Army Corps of Engineers and the Maine Department of Environmental Protection.

The city has not yet issued a required building permit for the pier project.

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Randy Seaver is the editor and founder of the Biddeford Gazette. He may be reached by email: randy@randyseaver.com

c.) 2026 All Rights Reserved

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