A lawsuit filed against the city of Biddeford and a local real estate developer has been withdrawn by two residents who were upset about a proposed housing development near Clifford Park in Biddeford.

According to court documents, the plaintiffs Loren McCready and Christopher Quint both own property that abuts the proposed housing development.

The withdrawal of the lawsuit caps off a nearly four-year saga that began when Mike Eon, president of E&R Development, and Gervais Dube presented a plan to the city for an 18-lot housing subdivision.

In order to meet development standards, Eon and Dube needed to acquire roughly four acres of land in Clifford Park, a forested park that offers hiking trails and other recreational opportunities on Pool Street, less than a mile from the city’s downtown core.

In exchange for the four acres, the developers proposed trading roughly 100 acres of land that they already owned near the park, leaving the city with a net gain of nearly 96 acres that could be permanently protected from any development and remain publicly accessible into perpetuity.

Although one city official described the proposal as a “win-win” scenario that would nearly double the popular park’s size and provide greater public access, a handful of opponents said the plan should be rejected.

According to a November 3, 2020 Portland Press Herald story, former Biddeford Recreation Director Carl Walsh appeared before the city council and said “It’s s quite an opportunity,” adding that the city has long desired to add the waterfalls — which is on part of the land that could go to the city — to the park.”

McCready, however, said the proposed land swap was a bad idea and could cause environmental damage. Shortly after the Biddeford Planning Board gave their initial approval to the project, McCready formed a non-profit group to prevent the project and address other “environmental concerns” in the city.

The Biddeford-Saco Climate Action Team still meets on a regular basis and its Facebook page shows 13 “Likes” and 19 ‘followers.”

McCready and Quint first appealed the Planning Board’s decision to the Maine Superior Court.

On November 22, 2023 Superior Court Justice James Martemucci ruled against the plaintiffs on a number of technical and procedural issues.

The plaintiffs then appealed their case to the Maine Supreme Court.

Meanwhile, the proposed project has been put on hold until all of the legal matters can be resolved.

Earlier this week, the Biddeford Gazette learned that McCready and Quint decided to withdraw their complaint against the city and the developers.

In an email statement to the Gazette, McCready wrote: “I remain committed to advancing housing solutions that are both inclusive and environmentally responsible.

“Moving forward, I will continue working with the Biddeford-Saco Climate Action Team to advocate for sustainable development practices that align with the City’s Climate Action Plan and prioritize long-term community well-being.”

McCready’s attorney Kate Hambley said the decision to withdraw her client’s complaint boiled down to money.

“While I felt and still feel my clients had strong legal grounds for appeal, my clients ultimately decided against using personal funds to pursue an appeal to the Law Court (which, as I’m sure you can imagine, can be quite an expensive undertaking),” Hambley wrote.

“This was a difficult decision given the environmental and community resources at stake, but they are confident they can still make positive changes in Biddeford, which they intend to do by promoting smart growth and affordable, sustainable infill housing within the city,” said Hambley.

Mike Eon said he was feeling relieved that the four-year battle is finally coming to a close. “It’s really hard to build affordable homes when you have to through four years of delays and increasing costs,” Eon said. “I always strive to do good projects that will benefit my community.”

Biddeford Mayor Marty Grohman also expressed a sense of relief that the litigation is over.

“I’m glad that this issue is finally settled,” Grohman said. “The city is getting a tremendous resource of additional public lands that will be protected into perpetuity.”

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