Greater Portland Landmarks has filed a court brief arguing that Portland City Councilors acted outside their authority in approving the demolition of the former Children's Museum at 142 Free Street at their May 20 meeting.
The Portland Museum of Art sought to reclassify the building in the Congress Street Historic District so it could tear it down for a planned expansion.
Elizabeth Boepple is counsel for Greater Portland Landmarks and said the Council vote was an "abuse of discretion" and didn't follow established historic preservation guidelines.
"I don't think they completely understood the law. They failed to understand fully what the result of their decision would be or understand fully what the standard was they had to review and apply," Boepple said.
Boepple said both the Historic Preservation Board and the Planning Board voted to uphold the building's designation as a contributing historic structure and provided guidance to the City Council that was not followed.
Greater Portland Landmarks' Executive Director Kate Lemos McHale said this legal battle is not only about 142 Free Street. She said it's also about preserving the integrity of Portland's Historic Preservation Ordinance and ensuring it is applied fairly to every project, which she said the City Council failed to do in this case.
"The vote didn't take into the account the requirements of the process and some of the legal standards," Lemos McHale said.
Greater Portland Landmarks wants the Cumberland County Superior Court to vacate the order, and remand the matter back to the City Council.
The City of Portland declined to comment. It must respond to the brief by September 12.
Boepple said she will respond to the City's brief by the end of September. She expects a judge will order oral arguments in the case by the end of the year before issuing a decision.