The Golden Anchor challenged Bar Harbor’s rules for disembarking cruise passengers through two related legal actions. A judge ruled that one duplicated the other.
Sep 04, 2026
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PORTLAND—The newest decision in one of the many cases involving the Town of Bar Harbor and the businesses that work with cruise ships came on Wednesday, September 2, when Business and Consumer Court Judge Michael Duddy dismissed one of the Golden Anchor’s challenges to the town’s new rules about disembarking cruise ship passengers.
This case involves the company’s ability to disembark cruise ships at its West Street location, the Harborside Pier, which is also known as the Golden Anchor Pier, and the town’s appeals board’s previous decision, upholding a notice of violation (NOV) for disembarking passengers without a permit.
“This decision was not unexpected as it follows a similar decision the Business Court made previously,” said Eben Salvatore director of operations for Bar Harbor Resorts. “While we intend to appeal this decision, we are also focused on Judge Walker’s ruling in our favor that opened 10 months of the year to resume cruise ship reservations. We look forward to working together with the town and the community to construct a framework that allows for balanced cruise ship visitation in the months of May, June, September, and October.”
The current case is not the same as the federal case referenced by Salvatore.
The Association to Preserve and Protect Local Livelihoods (APPLL) and others brought that case against the town. It, too, concerns the town’s cruise ship ordinance, which creates daily disembarkation limits and questioned the constitutionality of the change. In May 2026, the ordinance was found partially unconstitutional by Justice Lance Walker after it was remanded back to his court.
This specific case that Judge Duddy made a September 2 decision about focuses on the Golden Anchor’s suit against Bar Harbor’s NOV against the business after it disembarked cruise ship passengers. Those rules are outlined in Chapter 52 of the town’s municipal code.
Voters had a chance to repeal that ordinance and put in place different limitation rules in 2024, but the measure failed 1713 to 1776.
In an email, in January 2026, Timothy Woodcock, an attorney with Katahdin Law said that the “Golden Anchor has two matters pending, both concern the Disembarkation Ordinance (also known as ‘Chapter 52’) adopted by the town council on June 18, 2024. In particular, these matters arise out of a notice of violation (of Chapter 52) that the code enforcement officer issued to Golden Anchor on August 5, 2024. After the CEO issued the NOV, Golden Anchor took two separate but related steps. First, it appealed the NOV to the Bar Harbor Board of Appeals. Second, it filed a declaratory judgment claim with Superior Court (which was transferred to the Business Court).”
The town has argued that the claim duplicates its ongoing appeal “and therefore should be dismissed because the factual basis, claims alleged, and relief sought in both actions are substantially the same. The court agrees,” Duddy wrote in the September 2 decision.
So, despite this September 2 decision, there is still a case pending from the Golden Anchor.
The business, which owns the pier at 55 West Street, has historically disembarked passengers there. The new rules require a permit rather than a license, which the business has held.
The Golden Anchor appealed that notice of violation to the Bar Harbor Appeals Board in December 2024. The board denied the challenge.
The business then appealed that decision via Maine’s “Rule 80B,” which pushes a municipality’s action (or inaction) to Maine Superior Court review. It also sought a declaratory judgement action (DJ): two separate tracks.
One (Rule 80B) is more of an appellate action that focuses on state statute and town ordinances. The other (a declaratory judgement) is more focused on the validity of the town’s ordinance, which is not something that can be looked at by the town’s Appeals Board.
The process and claims are complicated.
There are multiple counts of that 80B appeal, which include:
- judicial review of the BOA’s decision regarding the NOV.
- declaratory judgment and injunctive relief about the town’s Chapter 52 rules, which are the same as what the business pled in its DJ action.
In February 2025, Bar Harbor asked for multiple counts to be dismissed. It argued that they are not independent and should just be part of the Rule 80B appeal and not the declaratory judgement.
In April 2025, the court dismissed almost all the counts in that 80B appeal, but allowed the Golden Anchor to amend its complaint. It did in May.
“Golden Anchor’s amended complaint re-alleges the claims collaterally attacking Chapter 52 as separate paragraphs under count 1, the Rule 80B appeal,” Duddy wrote in September.
He continued, “On May 29, 2026, the town filed a motion to dismiss Golden Anchor’s DJ action, arguing that Golden Anchor’s claims in the DJ action are duplicative of those brought under the Rule 80B Appeal and thus, should be dismissed. On July 2, 2026, Golden Anchor filed its opposition to defendant’s motion to dismiss, and on July 23, 2026, the town filed its reply. On August 20, 2026, the court held oral argument over videoconference. Both counsel were present and presented arguments.
“Because Rule 80B provides Golden Anchor with an adequate remedy, and its DJ action is not an anticipatory action, the pending Rule 80B Appeal is Golden Anchor’s exclusive avenue for judicial relief. The DJ action must be dismissed.”
The remaining case will be heard at the Business Court. However, Charles Sidman, the lead petition of the cruise ship ordinance, has also appealed the court’s decision that he could not intervene. Whether or not he can, needs to be fully decided before the case can continue.
LINKS TO LEARN MORE
Previous story about the changes proposed by Town Council in 2024.
More about declaratory judgements.
Suits involving declaratory judgements.
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