A court ruling on procedural issues and scheduling was released on Wednesday, July 14. Justice Mallonee enumerated the following points in the court ruling:
- Granted the plaintiff’s motion to amend the complaint, including appeal of the recent Zoning Board of Appeals decision on the building permit issuance.
- Denied the Town of Rockport’s motion to dismiss the case(s)
- Outlined a schedule of briefings leading up to final submissions on September 7. Oral arguments are to be scheduled “as soon as possible after completion of briefing.”
- Declined to issue either a preliminary injunction or stay.
The Court went on to say “Although the court has declined to enter either a preliminary injunction or stay, and declines to do so today, it has signaled to 20 Central with what it hopes is unmistakable clarity that in the event either set of plaintiffs prevails, and the court is required to assess remedies, it will not be constrained by the risk 20 Central assumed by continuing construction as these cases were pending.”
Penobscot Bay Pilot addressed the Court’s order on Friday, though misinterpreting the decision on inclusion of appeal to the Court of the most recent ZBA action on the building permit.