By Brian Early
bearly@seacoastonline.com

February 16. 2016 3:32PM

Site plan of the proposed Hampton Inn and Suites on Route 1 in Kittery submitted to the Planning Board.

Site plan of the proposed Hampton Inn and Suites on Route 1 in Kittery submitted to the Planning Board.

KITTERY, Maine — The lawsuit against the proposed Hampton Inn hotel on Route 1 still has yet to be scheduled, and it’s possible a hearing will not happen until summer.

Richard Balano of Ox Point Drive is suing the Planning Board over its August decision to approve plans to build an 83-room hotel near the shopping outlets due to its roof shape and building height violating town code. He filed his lawsuit in September.

The town, through its attorney Duncan McEachern, and Duward Parkinson, who represents the building developer and joined the lawsuit as an intervenor, argue in separate filings the court should uphold the Planning Board’s decision mainly because the plaintiff, Balano, lacks standing to file his appeal.

A clerk at the York County Superior Court in Alfred said in January the court has not heard civil cases since June, and the next opening to hear civil cases would be in the first week in March. On Tuesday, a clerk said there are no civil trials scheduled for March. The only civil matters scheduled for March are for motions. The clerk said it was possible the trial would not be held until summer.

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