Law Firm Files Brief on Behalf of “GPL” Effort to Overturn City’s Reclassification of Historic Building

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142 Free Street is the Subject of a Lawsuit filed by Greater Portland Landmarks to Overturn the Decision of the Portland City Council to Reclassify the Building so the Portland Museum of Art Can Expand by Demolishing this Historic Building.

Murray, Plumb & Murray has filed a brief with Cumberland County Superior Court seeking to overturn the May 20th Portland  City Council vote to reclassify the former Chamber of Commerce/Chldren’s Museum building at 142 Free Street on behalf of Greater Portland Landmarks (GPL) it was announced today.

That reclassification by the City Council allows the nearby Portland Museum of Art to demolish the historic building to accommodate its planned expansion. The brief demonstrates the city council’s  decision was in error of law for three clear reasons:

  1. The Council misinterpreted the city’s current zoning ordinance which required it to apply the “museum criteria for designation” and the “integrity of landmarks and historic districts” in their decision.  142 Free Street meets four of the established criteria for designation as a contributing structure to a historic district and its 1926 redesign by John Calvin Stevens as part of its historical and architectural design.
  2. The Council misinterpreted the integrity standard in Portland’s ordinance which references accepted federal standards, and reached its decision without substantial evidence in the record to support it.  Its vote failed to consider the building’s early 20th century significanace or the fact that it has not changed since designation of 2009.
  3. The Council abused its discretion by failing to review and access the findings and recommendations by the Historic Preservation Board and the Planning Board, both of whom strongly recommend against reclassification..

The city and the Portland Museum of Art now have until September 12 to file their brief, following whch GPL will have 14 days – until September 26 – to file our rsponse to their brief.  We don’t expect the court will look at the case until then and schedule oral arguments.

On June 20th, GPL filed a Complaint against the city of Portland askng the court to vacate the ruling that allows the Portland Museum to demolish 142 Free Street to accommodate its expansion plans.  Meanwhile, the Council’s order changing the classification remains in place until it is vacated by the court.

For more background information on the lawsuit,  please visit post herein dated June 24, 2024.