The Children’s Museum & Theatre of Maine sold its former home on Free Street to the adjacent Portland Museum of Art. Ben McCanna/Portland Press Herald

Nearly a year has passed since the Portland City Council decided to clear the way for the demolition of a 19th-century building on Free Street.

A judge will decide soon whether that vote — or the building — will stand.

The Portland Museum of Art wants to build a sweeping glass-and-timber expansion at 142 Free St. as part of a $100 million capital campaign. The existing building dates to 1830 and most recently housed the Children’s Museum and Theatre of Maine. In June, Greater Portland Landmarks sued the city in an effort to save the building and named the Portland Museum of Art as a party-in-interest in the lawsuit.

On Wednesday, the parties argued their positions in a Zoom hearing in Cumberland County Superior Court.

Attorney Beth Boepple, who represents Greater Portland Landmarks, said the Portland City Council misinterpreted the land use code when it decided to remove a historic classification that protected the building from demolition.

“The council does not have complete discretion to disregard those standards,” Boepple said. “They must also understand what the standards are, and in this instance, they failed to do that.”

Attorney Mary Costigan, who represents the museum, said the City Council was allowed to break with Portland’s planning and historic preservation boards, which both recommended that the building retain that historic classification.

“This is a decision of the council,” she said. “They are not bound by recommendations. They are not bound by prior councils. They can analyze this on their own as a council.”

Greater Portland Landmarks has also said that the vote could jeopardize historic tax credits needed by other property owners in the city. Chris Rhoades, an owner of the Time & Temperature Building, said last year that he is worried that the demolition would sink a plan to build 250 affordable apartments in the downtown high-rise. Rhoades said in an email Wednesday that he is working with a potential buyer for that building but did not have additional information to share.

“There is some speculative concern about tax benefits and other conjectures about the potential for property values to be harmed,” Amy McNally, associate corporation counsel for Portland, said at the hearing. “Again, pure conjecture here, not certain or cognizable.”

Superior Court Justice Deborah Cashman also asked about changes to the building in recent years and whether Greater Portland Landmarks has standing to bring the lawsuit at all. She did not say when she would issue a decision.

Kate Lemos McHale, executive director of Greater Portland Landmarks, said in a written statement that the nonprofit filed the lawsuit to uphold the city’s historic preservation ordinance and avoid a precedent that could hurt other historic buildings.

“In ignoring the recommendations of both the historic preservation board and the planning board to retain the classification of 142 Free Street as a contributing building within the Congress Street Historic District, we believe the City Council’s vote was an abuse of discretion and misinterpretation of clear preservation standards in the law,” she said.

Lemos McHale also said that Greater Portland Landmarks has had “constructive conversations” with the Portland Museum of Art about their expansion.

Erik Hayward, president of the museum’s board of trustees, said in a written statement that he is confident that the public process leading up to the Portland City Council vote was done correctly.

“We are hoping for a quick resolution of this case so that we can move forward with our goals of fostering greater access to art, culture and education for our community,” Hayward said. “The expansion of the Portland Museum of Art creates an incredible opportunity for our community. It will not only provide the room we need for a rapidly growing collection, it will also help to anchor and revitalize a thriving arts district.”

The building at 142 Free St. was considered a “contributing” structure to the surrounding Congress Street Historic District, which means it could not be razed. Built in 1830 and later renovated by architect John Calvin Stevens, it has been home to a theater, a church, the Chamber of Commerce and the Children’s Museum and Theatre of Maine.

The Portland Museum of Art bought the neighboring property in 2019 with an eye toward growth, and the children’s museum vacated in 2021 for a new home on Thompson’s Point. The museum applied to change the classification to “non-contributing,” which would allow for the building’s demolition. The Portland City Council ultimately voted 6-3 to reclassify the building on the basis of “significant alterations since it was originally constructed.” It found that the building lacks integrity of design, materials and workmanship.

Marcie P. Griswold, a spokesperson for the Portland Museum of Art, said the building at 142 Free St. has not been used since last year. The expansion plans are “unchanged,” she said, and the museum has raised $48.5 million out of its $100 million goal in its capital campaign.