📰BIDDEFORD | Court Dismisses City's Complaint | UNE & Saco River Corridor Commission

The ruling goes on to state, "even if the city had first requested the Commission reconsider the 2024 permit and waited for it to render a final agency action before appealing to this court, the deadline for judicial review is long expired under the Maine law."

March 23, 2026, this past November the City of Biddeford filed a formal complaint with the York Judicial Court System seeking judicial review of a permit (#20-491) granted by the Saco River Corridor Commission, to the University of New England - the City's complaint specifically cites the Commission's "refusal to act, review" or reconsider the decision [permit]).

According to court documents obtained earlier today by the Biddeford Buzz, "In August 2024, UNE applied for a permit to construct a pier within the Saco River Corridor, and the Commission granted the application and issued a permit for the proposed project, Permit #20-491 (the "2024 Permit"), on September 13, 2024.

On Friday, March 20, 2026, the York County Superior Court dismissed the City of Biddeford's complaint against the Saco River Corridor Commission - This means that UNE’s permit remains legal and valid.

The Commission previously issued a permit with conditions to UNE in 2001 (Permit #20-209, the "2001 Permit"), which included a requirement that UNE retain and maintain a 250-foot-wide vegetative buffer along the shoreline of the property. According to the complaint, "failure to maintain the specified buffer zone would result in the Commission revoking the permit."

The document goes on to state that the, "Petitioner argues that by including no such conditional provision in the 2024 Permit, the Commission effectively granted UNE permission to construct a pier within the vegetative buffer zone in violation of the prior permit's setback, location, and erosion control protections and the purpose of the Commission as outlined by its enabling statute."

According to court docket AP-2025-32, "On November 20, 2025, the City filed a complaint seeking judicial review of the Commission's final agency action granting the 2024 Permit (the "Decision") to UNE, and the Commission's alleged refusal to act, review, or reconsider its Decision.

The docket then states, "the Petitioner argues that the residents of the City of Biddeford are entitled to relief because the Decision exceeds the Commission's statutory authority, and the Commission's refusal to review or reassess its unlawful issuance of the 2024 Permit constitutes a failure to act that is arbitrary, capricious, and characterized by an abuse of discretion.

Following the intial filing in November, there were several additional motions made. by all three involved parties.

On December 5, 2025, the City of Biddeford filed a Motion to Specify the Future Course of Proceedings pursuant to Maine Rule of Civil Procedure 80C(i).

On December 22, 2025, UNE filed an Objection to the Motion to Specify the Future Course of Proceedings as well as a Motion to Dismiss.

On December 23. 2025. the Commission (Saco River Corridor Commission) filed a Response in Opposition to the Motion to Specify and a Motion to Dismiss.

On January 2, 2026, the City of Biddeford filed a Reply Memorandum to the Commission's Opposition to the Motion to Specify.

On January 5, 2026, the City of Biddeford filed a Reply Memorandum to UNE's Obiection to the Motion to Specify.

On January 9, 2026, the City of Biddeford filed an Opposition to the Commission's Motion to Dismiss.

On January 14, 2026, the City of Biddeford filed an Opposition to UNE's Motion to Dismiss.

On January 23, 2026, the Commission (Saco River Corridor Commission) filed a Reply to Petitioner's Opposition to the Motion to Dismiss.

On January 27, 2026, UNE filed a Reply to Petitioner's Objection to the Motion to Dismiss.

After reviewing the case and multiple updated filings, the judge dismissed the complaint(s) made by the City.

The judge's ruling stated, "Because the city failed to exhaust administrative remedies, the court must dismiss the appeal for lack of subject matter jurisdiction."

The ruling goes on to state, "even if the city had first requested the Commission reconsider the 2024 permit and waited for it to render a final agency action before appealing to this court, the deadline for judicial review is long expired under the Maine law."

Final conclusion(s)

1. Respondent Saco River Corridor Commission's motion to dismiss was granted.

2. Party in interest university of new england's motion to dismiss was granted.

3. The city of Biddeford’s complaint is dismissed.

4. The city of Biddeford's motion to specify is dismissed as moot.

Following the ruling, a spokesperson from the University issued the following statement, "On Friday, March 20, 2026, York County Superior Court dismissed the City of Biddeford's complaint against the Saco River Corridor Commission, which challenged a permit issued to the University of New England to construct a research pier on the Saco River. This means that UNE’s permit remains legal and valid.

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.

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."

CASE DISMISSED.