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The city of Biddeford is withdrawing its pending appeal to the Maine Supreme Judicial Court over an approval of the University of New England’s controversial pier proposal, saying a recent decision makes such an appeal moot.

In April, the city had asked the state’s highest court to review whether the Saco River Corridor Commission acted within its authority when it approved the pier project in 2024. The city argued that decision contradicted the commission’s 2001 establishment of a 250-foot vegetative buffer zone that blocked development in the area.

But on Aug. 26, the commission voted, 7-3, to extend UNE’s permit for the project by two years. Several members of the commission, including Chair Benjamin Pinault, said during public discussion of the extension that the body is able to amend its own decisions at any time and can choose to allow development in the buffer zone.

Because of that, the city said in a news release Tuesday, there’s no point in continuing to appeal. Even if the court ordered another review of the matter, the decision would likely fall to the commission, leading to the same outcome, Mayor Liam LaFountain wrote.

“Biddeford residents raised legitimate questions about whether that longstanding shoreline protection was being honored,” LaFountain wrote Tuesday. “We wanted those questions investigated, and we deserved answers.” 

Since such an appeal now appears unlikely to change anything, LaFountain said it would not be responsible for the city to spend taxpayer dollars to prolong the process.

The pier, which would be located at UNE’s campus on the Saco River and used for year-round research and aquaculture projects, has generated some pushback from residents concerned about the buffer zone and the project’s potential to displace boaters who hold moorings nearby.

Commission members have said they were unaware of the buffer zone when they originally approved the project in 2024. Some members — and the city — argued the commission was obligated to uphold the zone regardless. But the commission eventually disagreed.

“It’s situational, and situations change,” Commissioner David Robinson said during the body’s Aug. 26 meeting. “We have to decide what makes the most sense at any given time.” 

Though the commission acted without knowledge of the buffer zone in 2024, the city’s efforts ensured that the matter was considered during last month’s discussions about an extension, Ward 1 City Councilor Patricia Boston said.

“Our persistence helped bring the underlying issue to the surface, and that matters,” she wrote in the news release.

Prior to its appeal to the Supreme Judicial Court, the city had asked the York County Superior Court to invalidate the commission’s approval of the project, but a justice dismissed that complaint in March on procedural and timing grounds.

UNE spokesperson Sarah Delage said in an emailed statement Tuesday that the university appreciates the city’s decision and welcomed the clarity that the commission’s recent decision provided.

“After years of environmental review, public hearings, and regulatory scrutiny, UNE remains confident that the project can move forward while protecting the Saco River and its surrounding environment,” she wrote.

Delage also added that the university hopes to resume a strong, collaborative relationship with the city. (Both sides have said that relationship has been frayed during the months of debate over the project.)

The university said in late August that it intends to begin clearing trees at the planned project site as soon as the city’s Institutional Zone Review Committee lifts a moratorium on development.

“There should be no reason for the city to further delay issuing permits,” Delage said.