PORTLAND — A dozen West End residents are suing the city and an Australian businessman over a controversial rezoning of the historic Williston-West Church at 32 Thomas St.

The lawsuit, filed July 17 in Cumberland County Superior Court, stems from a City Council decision to enter into a conditional rezoning agreement with Frank Monsour, who is establishing a U.S. headquarters for his start-up company Majella Global Technologies. Monsour plans to renovate the 135-year-old West End church into a residence, community hall and office space.

The rezoning agreement allowed for the creation of office space for 14 employees, provided Monsour’s 32 Thomas Street LLC agrees to a restoration schedule for the church, which was designed by Francis Fassett and built in 1877. The church is on the National Register of Historic Places.

The lawsuit contends that the June 18 rezoning, which was strongly opposed by the Western Promenade Neighborhood Association, does not conform to the city’s Comprehensive Plan and violates state and local conditional rezoning laws.

The plaintiffs argue the agreement amounts to illegal spot zoning, according to Orlando Delogu, an attorney who lives at 22 Carol St., which abuts the church.

Delogu, who is representing himself in the case, said the city’s Comprehensive Plan aims to preserve historic neighborhoods and focus development of offices in the downtown area.

The council’s and Planning Board’s determination that rezoning does conform to the plan is “a short-coming of reasoning,” he said.

“The larger mandates of the (Comprehensive) Plan, in our view, have not been adhered to,” he said. “There is no need to rezone for commercial office uses an area that sits at the geographic center of a historic residential neighborhood.”

The remaining 11 plaintiffs are represented by Bruce A. McGlauflin of Petrucelli, Martin & Haddow.

The Planning Board voted 5-2 to recommend the rezone to the City Council, which voted in favor 6-3, with Councilors John Anton, Cheryl Leeman and John Coyne opposed.

Danielle West-Chuhla, the city attorney assigned to the case, said the rezoning was legal.

“I’m confident the court will uphold the City Council’s decision,” she said.

Mary Costigan, the attorney representing Monsour’s 32 Thomas Street LLC, agreed. She said a similar case in Saco was recently decided by the state Law Court. That case involved a resident challenging a contract zone that reduced the minimum lot size for a development in Saco. The court ultimately sided with the city.

A timeline for the West End residents’ lawsuit is still being worked out between the parties.

Delogu and his 11 neighbors – Charles and Kathy Remmel, Judy Delogu, John and Betty Gundersdorf, Samuel and Judith D’Amico, Jerry W. West and Diane Worthington, Judith Mansing and Sid Tripp – are also confident about their chances in court.

“Those of us that are challenging are not out in left field or naysayers or people who can’t get along with our community,” Delogu said. “We think the city made some errors.”

 

Staff Writer Randy Billings can be contacted at 791-6346 or at: rbillings@mainetoday.com

Twitter: @randybillings