# Anastos v. Town of Brunswick > Superior Court of Maine · June 7, 2010 URL: https://www.frixlaw.com/law-library/cases/10809589 ## Case - **Court:** Superior Court of Maine - **Decided:** June 7, 2010 - **Precedential status:** Unpublished - **Opinion:** Opinion - **Judges:** Robert E. Crowley - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/10809589 ## Opinion text STATE OF MAINE SUPERIOR COURT CUMBERLAND, ss STATE OF MAtNlYIL ACTION Cumberland, 55, Clerl[)COffldleET NO. CV-IO-096 . ",./' JUN 07 2010 ~E ( - _ ! ' I,~' PETER ANASTOS, Plaintiff RECEIV6f.IDER ON TOWN'S v. MOTION FOR SUMMARY JUDGMENT TOWN OF BRUNSWICK Defendants BEFORE THE COURT Defendant Town of Brunswick (hereinafter the "Town" or "Brunswick") has filed a motion for summary judgment pursuant to M.R. Civ. P. 56 on Plaintiff Peter Anastos's (hereinafter"Anastos") Complaint for Relief Pursuant to the Freedom of Access Act. 1 M.R.S. § 409(1). BACKGROUND Anastos is employed in the hospitality industry and is the principal of a full service inn located in the Town of Brunswick. Anastos filed this Complaint on March 5, 2010 after the Town refused to provide him with a copy of a feasibility study related to the Maine Street Station Project (the "Project") on the ground that the study includes confidential information. Anastos alleges that by denying his request for the study, the Town violated his right to inspect public records pursuant to 1 M.R.S. § 408(1). Anastos seeks an order from the court requiring the Town to provide him with a copy of the study. On January I, 2007, the Town entered into a joint development agreement (the "JDA") with JHR Development of Maine, LLC ("JHR") for the development of the Maine Street Project. As part of the Project JHR proposes to construct a 54-room inn. The Project as proposed by JHR and approved by the Tmvn Planning Board, also includes five 111ixed-use buildings, which combine commercial and residential uses. The Project is included in the Development Program! approved by the Town Council on March 1,2010. The Development Program is described as an effort "to sustain and enhance Brunswick's historical and vibrant traditional downtown business district." Eldridge Aff., Ex. 1 at 1. The "core of the Development Program is the Maine Street Project". [d. The inn is described as the "impetus for continued development of the Maine Street Station Project." [d. In Section 2.2(C) of the JDA, the Town agreed to assist JHR in obtaining approval of a tax increment financing ("TIF") agreement from the Town Council if JHR deemed a TIF to be necessary and the need for a TIF was demonstrated according to commercially reasonable standards. 2 In 2009, JHR began the application process for a TIF with respect to the proposed inn. On January 13, 2010, JHR attorney John Moncure and JHR project manager Mike Lyne met with Town officials, specifically Town Manager Gary Brown, Director of Finance John Eldridge, and Director of Economic and Community Development David Markovchick. Hilary Rockett, the Manager of JHR, participated in the meeting by phone. During the meeting the representatives of JHR expressed the need for a TIF, including credit 1 The Development Program for The Brunswick Downtown Municipal Development and Tax Increment Financing District. Eldridge Aff, Ex. 1. 2 Tax increment financing allows municipalities to promote economic development by earmarking property tax revenue from increases in assessed values within a designated TIF financing district. Municipalities may LIse tax increment financing to help finance a municipality's formally adopted development program. See 30-A M.R.S. §§ 5221-5235. Tax increment tinancing allows a municipality to "retain all or part of the tax increment revenues generated from the increased assessed value of a tax increment financing district for the purpose of financing the development program. 30-A M.R.S. § 5227(1). 2 enhancement, in order to proceed with development of the inn. Rockett explained that JHR had commissioned the Pinnacle Advisory Group to complete a study (the "Study") evaluating the feasibility of the proposed inn as part of the Project. According to Rockett, JHR had commissioned the Study, "[i]n order to assess the market for and viability of including a hotel in the Project." Rockett Aff., ,,1(.( {'5 1 jr; Action and Comments Est Time Not Reached Cont r', J --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/10809589. Public record. Not legal advice.