The York County Superior Court has dismissed the city of Biddeford’s complaint against the Saco River Corridor Commission over its approval of a controversial University of New England pier project.

In December, the city filed a complaint for review that called on the court to overturn the commission’s 2024 decision to permit UNE to proceed with the project. The city argued that the approval contradicted a 2001 permitting decision between the commission and the university that established a 250-foot vegetative buffer zone along UNE’s section of the riverfront.

But on Thursday, Justice James Martemucci dismissed the complaint, saying the city had no legal standing because of timing and procedural issues. The city missed a 30-day window to petition the commission to reconsider the permit — a process that Martemucci said the city needed to undertake before requesting a legal review.

03202026 Order on Pending Motions by Maine Trust For Local News

Martemucci wrote that because the city failed to properly exhaust its options to appeal the commission’s decision, the court has no jurisdiction to rule on the matter.

And even if the city had done so and still disagreed with the commission’s decision, the complaint was not filed in a timely enough manner, Martemucci wrote in a footnote.

The dismissal means the pier project permit “remains legal and valid,” UNE spokesperson Sarah Delage said in a statement to media outlets Monday afternoon that included a copy of Martemucci’s decision.

“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,” Delage wrote.

UNE President James Herbert said in an emailed statement that the Saco River Corridor Commission’s approval of the project is binding and that the university looks forward to proceeding with its plans.

Biddeford city attorney Harry Center declined to comment on the dismissal Tuesday but said he plans to discuss it with Mayor Liam LaFountain and the City Council during an executive session on April 7.

Center noted that the city has 21 days to appeal the decision.

LaFountain said he is “disappointed” about the court’s decision but added that asking for transparency, open government and a sound process was “the right move.”

“It’s what Biddeford residents deserve,” LaFountain said Tuesday. “Seeking clarity through the courts was appropriate and done in good faith.”

LaFountain also emphasized that the case was dismissed on procedural grounds rather than on the merits of the city’s legal argument. The city will review the decision and will decide what its next steps are.

“My focus remains on ensuring that future decisions, including those affecting the Saco River, are made transparently, follow the proper process and reflect the long-term interests of Biddeford residents,” he said.

Cheri Dunning, the commission’s executive director, said in an emailed statement Tuesday that the agency was aware of the court’s decision but declined to comment further.