Tensions increase between UNE and Biddeford

April 8, 2026April 9, 2026 ~ Randy Seaver ~ Leave a comment

The city announced today that it will appeal the dismissal of a legal complaint filed in connection with the university’s controversial research pier. UNE describes the move as “frivolous” and a waste of taxpayer money.

By RANDY SEAVER | Editor

Tensions between the city of Biddeford and the University of New England seem to be increasing.

Earlier this year — in an effort to address growing controversy and resident frustration — the Biddeford City Council voted unanimously to impose a temporary, six-month moratorium on future development at the school’s Biddeford campus.

The moratorium was designed to temporarily halt ongoing expansion and construction of a controversial research pier that was already approved by the city’s planning board and other regulatory agencies.

Despite the moratorium, the university still applied for permits to conduct some tree clearing and other preliminary work while they wait to begin actual construction.

**UNE VICE PRESIDENT ALAN THIBEAULT** leads members of the Biddeford Planning Board and the public on an August 20025 site walk near the location of the proposed pier. (*Seaver*)

This week, the city denied those preliminary work permits.

Furthermore, the city council yesterday authorized the city’s attorney to step up the city’s legal complaint and concerns about the pier project.

THE COURT BATTLE CONTINUES

Biddeford city officials formally announced Wednesday that the city will appeal a York County Superior Court justice’s decision last month to dismiss a complaint filed by the city against the Saco River Corridor Commission (SRCC).

Late last year, the newly elected city council voted unanimously to file the lawsuit, which challenges whether the SRCC failed to consider a so-called 250-foot buffer zone that was established 25 years ago during the agency’s more recent review of the University of New England’s controversial research pier proposal.

In March, Justice James F. Martemucci ruled against the city because their case did not have standing due to [legal timing issues].

Today, after learning that the city is planning to appeal the court’s decision, the university released a strongly-worded media statement, describing the city’s appeal as “frivolous, without any merit, and an unfortunate waste of taxpayer dollars.”

Biddeford city attorney Harry Center rejected UNE’s description of the appeal as frivolous and without merit, based on several legal issues including an amendment the city filed to its original complaint.

“The city is filing its appeal in good faith to obtain judicial review of the Saco River Corridor Commission’s permitting process, specifically the SRCC’s failure to consider a 250-foot zone,” Center told the Gazette on Wednesday.

WHAT IS THE ZONE?

The “zone” has become a matter of rigorous debate both in the courts and during the ongoing work of the city’s Institutional Zone Review Committee.

In some documents and discussions, the “zone” is described as a “no-build zone.” In other discussions, the zone is referred to as a “vegetative buffer.”

The city describes the zone along the shoreline as “a critical environmental protection that had been in place since 2001,” when UNE agree to its creation as a compromise for its plan to build two dormitory building that exceeded height limit restrictions on the Biddeford campus.

In a media statement, the city says that on October 20, 2025, the SRCC wrote to the city confirming the existence of that buffer, while leaving open the question of whether the requirement had been considered when the Commission approved the UNE Marine Research Pier in August 2024.

Cherie Dunning, executive director of the SRCC, refused to confirm that her agency sent that letter to the city in October.

“I am not going to comment on any pending litigation,” Dunning told the Gazette.

CITY | “Committed to Transparency”

City Councilor Patricia Boston represents Biddeford’s coastal communities.

“The Saco River and our coastal waters are among Biddeford’s most valued natural resources,” Boston said. “Residents deserve a clear and complete answer as to whether the environmental protections governing this land were properly considered. That is what the court is being asked to provide.”

City officials say the city is “committed to transparency and following established process.”

“Biddeford is committed to open government and a transparent regulatory process,” said Mayor Liam LaFountain. “We believe this question deserves a full review on the merits, and we will continue to pursue that through the appropriate legal channels.”

“The Saco River and our coastal waters
are among Biddeford’s most valued
natural resources.”
— City Councilor Patricia Boston

THE LEGAL TIMELINE

In their press release, the city provided a timeline of events and maintains that they initially requested clarification from the Maine Attorney General’s office. The attorney general serves as legal counsel for the SRCC, and declined to provide a review, according to the city.

The SRCC opposed the petition on procedural grounds, and on March 20, 2026, the Court dismissed the City’s request based on timeliness.

The city of Biddeford then filed it petition for judicial review in York County Superior Court today.

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READER FEEDBACK

SUZANNE ROSS | I believe that an appeal of the dismissal of the UNE pier complaint is warranted. The buffer zone agreement has not been investigated to the satisfaction of the City of Biddeford and its residents. Complete transparency is necessary.

DIANE CYR | It seems (disregarding all the political stuff going on) that the college in good faith did everything they were required to do (over a period of how many years….6 or 7?) and all permits were obtained legally from the proper authorities. Some people in that particular area don’t like the outcome, so they are causing some to waste our much needed tax dollars on appeals and lawsuits in order to stop the process. The college is not our enemy and they are an asset to the community that brings many people into the city. I expect that most residents don’t feel the same way, but I may be wrong.

JOHN GREGOIRE | I think it’s really rich for the City of Biddeford to claim that another entity is spending money frivolously and wasting taxpayers’ dollars! It’s almost comical! (Note: It was the university that claimed the city was spending money furiously)

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FEEDBACK | WHAT DO YOU THINK?

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Court rules against Biddeford

March 23, 2026March 23, 2026 ~ Randy Seaver ~ Leave a comment

By RANDY SEAVER | Editor

Mayor Liam LaFountain and members of the Biddeford City Council heard some disappointing news today when they learned that a York County Superior Court justice has decided to dismiss a lawsuit the city filed late last year against the Saco River Corridor Commission (SRCC) – and by extension, the University of New England.

In December 2025, the newly elected city council voted unanimously to file the lawsuit, which challenges whether the SRCC failed to consider a so-called 250-foot buffer zone that was established 25 years ago during the agency’s more recent review of UNE’s controversial research pier proposal.

According to court documents sent to area media outlets today by the University of New England, Justice James F. Martemucci ruled against the city because their case did not have standing due to [legal timing issues].

UNE officials say the court’s decision means that UNE’s already-approved building permit for their pier “remains legal and valid.”

But City Attorney Harry Center told the Gazette today that the matter remains fluid and still “under review” by Biddeford officials.

“We have 21 days to file an appeal of this decision,” Center said. “I am planning to bring this matter before the city council during an executive session at their next regular meeting on April 7. We’ll go from there.”

LaFountain declined to offer any comment because the matter is still a pending legal matter.

Meanwhile, the mood on UNE’s Biddeford campus seemed somewhat celebratory when they announced the court’s decision today.

“We are pleased the court has resolved this matter, and we look forward to moving ahead with a project that will meaningfully expand our marine science research capabilities and benefit students, faculty and the broader scientific community,” said UNE spokesperson Sarah Delage in a prepared media statement.

Delage added that UNE “remains committed to being a responsible steward of the Saco River and to working collaboratively with our neighbors and regulatory partners on matters that affect our shared community and environment.”

Delage also stressed that the court’s dismissal resulted from the work and arguments from the Maine Attorney General’s office, which represents the Saco River Corridor Commission, a quasi-state regulatory agency with jurisdiction along the entire length of the Saco River in Maine.

UNE officials also provided area media outlets with a PDF copy of the court’s decision to dismiss the city’s claim.

The Gazette is providing its readers with a copy of that document that can be both viewed and downloaded by members of the public.

This story will be updated as new information becomes available.

York County Superior Court Decision

03202026 Order on Pending Motions Download

Was Sen. Collins misled by UNE?

March 5, 2026March 9, 2026 ~ Randy Seaver ~ 1 Comment

By RANDY SEAVER, Editor

Even as a lawsuit filed by the city of Biddeford against both the University of New England and the Saco River Corridor Commission continues winding its way through York County Superior Court, a Biddeford resident is ramping up his own efforts to raise awareness about the issue.

John Schafer, the former chair of Biddeford’s Harbor Commission, claims the university misled the public during the application review process of a large-scale and somewhat controversial research pier that UNE is hoping to construct on the Saco River.

Moreover, Schafer is also raising questions about a $3.5 million grant that UNE secured through the efforts of U.S. Senator Susan Collins (R-Maine), chair of the Senate Appropriations Committee.

*U.S. Senator Collins (R-Maine) ,chair of the Senate Appropriations Committee*

Schafer points out that more than three years ago, UNE released a map called “Restrictions on Developable Areas.”

While Schafer says that map clearly shows where construction on the UNE campus was “illegal,” UNE representatives adamantly denied those claims, saying that it is Schafer who is misleading the public.

“The suggestion that we deliberately misled anyone is simply untrue,” said Sarah Delage, a university spokesperson. “UNE has been open and honest with all government agencies throughout this process, including Senator Collins’ office and the federal agency that awarded the grant.”

Buffer Zone | A matter of semantics?

Schafer and others – including Biddeford’s city attorney Harry Center – say the 250-foot buffer zone shown on the map illustrates an agreement that UNE made with the SRCC in 2001 when it wanted to build two new dormitories.

In fact, the so-called buffer zone is a central argument in the city’s lawsuit against UNE and the SRCC.

*The map provided by the University of New England*

Delage and other UNE officials describe the buffer zone as a “vegetative buffer” that does not preclude certain activities, such as the need to construct a paved access for the proposed pier.

“This type of buffer is not a “No-Build” buffer,” Delage told the Gazette during a March 4 telephone interview. “It designates an area where additional permits and oversight are required for approval to build anything new.

“It is not prohibited to build within a buffer, provided you obtain the proper permits,” Delage added. “This is standard practice under Maine’s shoreland zoning rules and is not unique to UNE’s property.”

Center, speaking as Biddeford’s chief legal counsel, told the Gazette that the buffer has indeed become a matter of semantics.

“What’s the point of a ‘vegetative buffer’ if it doesn’t preclude development within that area?” Center asked.

“They [UNE] admitted and acknowledged the existence of that buffer as recently as 2022,” Center said. “It’s an issue that the SRCC ignored in their own review of the proposed pier project.”

_____________

“What’s the point of a ‘vegetative buffer’ if it doesn’t preclude development within that area?”
— Harry Center, Biddeford’s attorney

________________

Center says the issue will be a statutory matter for a Superior Court judge to decide later this year.

For his part, Schafer points to an Oct. 14, 2025 Biddeford Gazette story and the comments then offered by Delage, saying that the Saco River Corridor Commission did not impose a ‘no-build’ or ‘no construction’ zone within a 250-foot zone from the river.”

“Well, I guess at least now the university is finally admitting that there actually is a buffer zone,” Schafer said, pointing to the university’s own map.

Federal law | Was Collins wrong to provide funding?

Schafer said he is troubled by the fact that Senator Collins’ office announced a $3.5 million grant for the research pier roughly one month after the university released its own map clearly showing the buffer zone.

“Federal grants typically take many months or even years to secure,” Schafer says.

“Two scenarios are possible,” he added. “Either Susan Collins and federal authorities are incompetent, or UNE deliberately withheld information from Collins and the feds as the university chased taxpayer funding.”

Phoebe Keller, a spokesperson for Senator Collins, told the Gazette today that the senator’s office would be unable to provide any “on-the-record” comments regarding this story.

Schafer says he does not believe that Collins or any other member of Congress did anything wrong in supporting the university’s funding request.

Instead, Schafer says he believes the university withheld information about the buffer zone when applying for the federal grants.

Delage, however, says there was no deliberate plan to omit any factual information during the federal application process.

“We did not get into any of those types of specifics because it’s not part of the process of seeking funding for a project,” Delage said. “The use of grant funds for any project is predicated on securing required local and regulatory approvals and securing a grant does not circumvent or negate the need for securing approvals.”

Furthermore, Delage said that “singling out” the SRCC misses the point that the project also required approvals from the Biddeford Planning Board, the Maine Department of Environmental Protection and the U.S. Army Corps of Engineers.

Each of those review agencies, Delage noted, approved the university’s proposed pier project.

And Delage said that the map now being circulated by Schafer and others concerned about the project is not a smoking gun.

“It simply shows standard environmental zoning boundaries routinely used by the city of Biddeford, the SRCC and the Maine Department of Environmental Protection,” Delage said.

_________________

“We did not get into any of those types of specifics because it’s not part of the process of seeking funding for a project,”
— Sarah Delage, UNE spokesperson

Schafer says he will continue raising concerns and asking “tough questions” about the university’s pier project.

“I’ve asked the president of UNE [Dr. James Herbert] three times to release the application they filed with the feds,” Schafer said. “The Biddeford Planning Board also asked them to release an exact copy of that application. They [UNE] have consistently refused to answer that question.”

Schafer says that UNE’s consistent refusal to discuss whether they specifically included mention of the buffer zone likely explains how the project received a $3.5 million federal grant.

“Senator Collins is not incompetent, nor is the federal agency that issued the grant, but they were intentionally deceived,” Schafer said.

UPDATE | Phoebe Keller, a spokesperson from Sen. Susan Collins’ Washinton, DC office, contacted the Gazette following the publication of this story, asking to provide updated information .

““Sen. Collins and Sen. King secured $3.5 million for the University of New England to construct a coastal research deployment facility to be located somewhere in Biddeford, Maine,” Keller wrote. “ The senators do not determine the specific location of the project, which is set by the grantee in coordination with all relevant local and state authorities.”

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ABOUT THE AUTHOR | Randy Seaver is the editor and founder of the Biddeford Gazette. He has been covering Biddeford news and politics for nearly three decades. He may be reached by email: randy@randyseaver.com

City alleges ‘breach of contract’ by former city manager

June 26, 2025October 21, 2025 ~ Randy Seaver ~ Leave a comment

According to documents filed in York County Superior Court, the city of Biddeford is asking the Court to dismiss a complaint filed earlier this year by former city manager James Bennett.

In his lawsuit against the city, Bennett claims that he is entitled to more than $200,000 in wages and other compensation, as outlined in his employment contract with the city.

The city, however, is asking the Court to reject Bennett’s claim. The city said Bennett’s claim is not valid and further alleges that Bennett committed a breach of contract and a failure to comply with the contractual terms of his employment agreement.

In his brief to the Court, City Solicitor Harry B. Center argues that Bennett should not receive any further benefits, citing legal doctrine of “estoppel, laches, waiver and unclean hands,” which means the city is alleging that Bennett engaged in “misconduct or wrongdoing” related to his employment contract.

*Bennett (center) toots his own horn explaining his resignation*

Mayor Marty Grohman told the Biddeford Gazette Wednesday that he could not offer specifics about Bennett’s lawsuit or about why he was ousted from office in February, roughly two months prior to his announced resignation date of April 18.

“The city is committed to transparency but must also follow the applicable law in regard to employment and legal matters,” Grohman said. “We appreciate the public’s interest and will share more when we are able.”

The court documents obtained by the Gazette do not offer any specifics about why Bennett was removed from office or any details about his alleged “misconduct.”

Grohman said the city complied with all of its contractual obligations to the former city manager through the last date of his employment, April 18, 2025.

Because the issue is part of a pending legal matter and related to personnel issues, Grohman declined to answer why Bennett was abruptly removed from office on Feb. 20 of this year.

In his initial complaint to the Court filed on May 9, Bennett says he fulfilled all his contractual obligations to the city, thus arguing that he is entitled to several benefits that are spelled out in his employment contract.

Bennett claims that he is entitled to one full year of base compensation ($170,000). He also says that he is entitled to seven weeks of vacation pay ($22,848); 12 months-worth of reimbursements for his cell phone and internet ($4,200) and 12 months of mileage reimbursements ($8, 224).

As part of his employment contract, Bennett stipulates that the city is prohibited from publicly saying “anything negative” about him or his performance.

According to an addendum to Bennett’s employment contract:

“The city will limit references to James A. Bennett’s desire to retire, and the extended notice was in no way related to performance issues or any other issues.”

“Any public comments by the city and its agents and representatives will be limited to the positive contributions made by James A. Bennett and to the leadership he has provided to the city during his tenure.”

See below to view/download PDF of Bennett’s amended employment contract:

Bennett Contract AM Download

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

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