From the Desk of Ralph H. Doering PO Box 215, Wiscasset, Maine 04578
January 24, 2018
Select Board Town of Wiscasset 51 Bath Road Wiscasset, Maine 04578 Dear Honorable Members, It has come to the attention of the Doering family that Town attorneys have been in the process of negotiating a Consent Agreement with MDOT, in order to resolve Town of Wiscasset v. Maine Department of Transportation, Docket No. BCDWB-CV-17-59 & BCDWB-AP-17-08. We are also aware that one school of thought, subscribed to by some, is that the Town of Wiscasset absolutely cannot afford to defend its ordinances in litigation, and therefore, settlement with MDOT is the only choice the Select Board has. I am writing to inform you that we strongly disagree with that unfortunate expediency. Accordingly, the Doering family would like the Select Board to know that we are willing to assist the Town financially, in full or in part, in order that the Town is fully able to defend its own ordinances in this matter. Wiscasset voters spoke very clearly at the ballot box in June of 2017, rejecting changes that MDOT made, unilaterally, to the proposed Downtown Improvement Project. Correctly, the Select Board then withdrew its support for the project, honoring voter sentiment. We have been grateful to the Select Board in recent months, as it has consistently expressed strong support for the retention of on-street parking, the preservation of Wiscasset’s historic character, and the integrity of Town ordinances. As long as the Select Board thinks these principles are worth protecting, we believe that the lack of funds is no reason to surrender them. It is clear that MDOT --- by turning away federal funds, by skirting federal historic and environmental guidelines, by introducing eminent domain, by refusing to obtain a demolition permit, by refusing to obtain a Certificate of Appropriateness from the HPC, by refusing to comply with the Town’s Comprehensive Plan --- has not been dealing squarely with the Town and its citizens.
The Doering family completely understands the quandary in which the Select Board finds itself. Therefore, as the Board contemplates the wisdom of signing any Consent Agreement, I ask you to please consider the concept of defending key principles, in court, without financial burden looming as the overwhelming reason for abandoning those principles. Also, please consider this to be an opportunity to recoup all legal fees that the Town has already incurred that are directly related to the MDOT project. I hope you find this offer consistent with the Board’s November 2017 vote to “bring a legal action against MDOT,” a vote that also authorized the Town Manager “to accept donations of money to the Town to supplement this specific [legal services] appropriation”. In conclusion, I am willing to meet personally with any parties the Select Board deems appropriate, in order to discuss such a partnership, at the Town’s convenience. Thank you very much for your time and consideration. Sincerely,
Ralph H. Doering, III