March 18, 2008 (Augusta, Maine) – The City of Augusta, represented by Stephen
E. F. Langsdorf of Preti Flaherty, won a unanimous Law Court ruling today,
ending a four-year legal battle over the sale of the former Cony High
School. The Law Court’s decision allows the City to modify the terms of
the Daniel Cony Charitable Trust and sell the former Cony High School, excluding
the historic flat iron building, to Boulos Company for the construction of a new
Hannaford.
According to the City Manager, William R. Bridgeo, “Today’s decision
continues the purpose of the Cony Charitable Trust and allows the $1.5 million
proceeds to go to good use in the City. This project will also create jobs and
tax revenue.”
Brief Background on City of Augusta v. The Attorney General et al:
- The City determined in 2001 that the school site had become inappropriate
for educational purposes since the gift by Daniel Cony in 1815 (it was too small
and was located next to one of the busiest and most dangerous intersections in
the State of Maine).
- The City believed that the State of Maine had recognized this by funding the
construction of a new Cony High School, which opened in September 2006.
- The City signed a Purchase and Sales Agreement with the Boulos Company for
$1.5 million in June 2004.
- This has been the subject of a City-wide referendum approving the project in
June 2005, as well as on-going litigation, including three decisions of the Law
Court, all favorable to the City of Augusta.
- Today, the Court affirmed a decision by Superior Court Justice Marden,
allowing the sale of the property.
Mayor Roger J. Katz said, “I am very pleased with the Court’s decision
today. This will finally put four years of acrimonious legal battles
behind us and allow the project, which has many benefits to the City, to move
forward.” The decision is 2008-ME-51 and is available at http://www.courts.state.me.us/opinions/index.html.
About Preti Flaherty
Preti Flaherty has offices in Portland and Augusta, Maine, Concord, NH and
Boston, MA. With more than 85 attorneys, the firm counsels clients in the
areas of business law, energy, environmental, estate planning, health care,
intellectual property, labor and employment, legislative and regulatory,
litigation, technology and telecommunications.
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