The city of Biddeford is appealing to Maine’s highest court as it challenges a permit that would allow the University of New England to build a controversial research pier on the Saco River. 

The appeal to the Maine Supreme Judicial Court, which the city announced Wednesday, comes weeks after a York County Superior Court justice dismissed the city’s complaint for review, which had called on the court to overturn the Saco River Corridor Commission’s 2024 decision allowing UNE to proceed with the project. 

Justice James Martemucci dismissed that complaint, saying he lacked jurisdiction to rule on the matter because the city filed its case too late and didn’t properly appeal to the commission before beginning legal proceedings.

Now, the city is seeking legal determination from the Supreme Judicial Court on whether the commission acted within its authority in 2024. Before its court complaints, the city had also asked Maine Attorney General Aaron Frey’s office to weigh in on the legality of the permit, but the AG’s office declined to do so.

The city alleges that the 2024 decision ignored a long-standing 250-foot vegetative buffer zone on the Saco River. 

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

UNE Assistant Director of Communications Alan Bennett said in a written statement that the university believes the city’s appeal is “frivolous, without any merit and an unfortunate waste of taxpayer dollars.”

“The city’s decision needlessly creates lengthy delays and will cost both the university and the taxpayers of Biddeford a tremendous amount of wasted time and money,” Bennett wrote. “Despite repeated assurances from the mayor that his goal is to work collaboratively and for the benefit of the city and the university, his actions clearly undermine those efforts.”

Bennett also said the university plans to file appeals with the Zoning Board of Appeals over the city’s decision to withhold permits for site work on the research pier and other UNE projects.

City Manager Truc Dever confirmed that the city recently denied UNE’s permit applications to cut down trees near the proposed pier site and for a proposed renovation of Decary Hall.

The city is observing a 180-day moratorium on new construction, redevelopment, expansion, conversion, or change of land or structures within the Institutional Zone, which includes UNE’s campus.

SRCC Executive Director Cheri Dunning said Wednesday that the commission has no comment on the pending litigation.