U.S. District Court to continue hearing on motion to halt Hutchinson Center sale to Waldo CAP
Following a month's delay due to calendar adjustments, the U.S. District Court in Bangor is scheduled to hear on March 4 the request for a preliminary injunction to stop the University of Maine from proceeding with the sale of the Hutchinson Center, in Belfast, to Waldo Community Action Partners.
Calvary Chapel Belfast asked the court in November to halt the divestment process to Waldo CAP; instead, it wants the court to direct UMaine to negotiate the sale of the Hutchinson Center to the church.
Calvary Chapel Belfast had filed a complaint against UMaine last November, citing breach of contract, violation of the First Amendment free speech clause, religious targeting and discrimination, and violation of the 14th Amendment equal protection clause.
It had asked for a temporary restraining order and a preliminary injunction to stop the University from continuing with its sale of the Hutchinson Center campus in Belfast to Waldo CAP.
The University, as represented by the Portland law firm Drummond Woodsum, had said last December that the Church is not entitled to injunctive relief and its motion for a temporary restraining order and preliminary injunction should be denied.
On Jan. 10, U.S. District Court Judge Stacey Neumann denied a request for a temporary restraining order to be imposed and continued the hearing on the preliminary injunction until February. A hearing that was initially scheduled for Feb. 6 was postponed until March 4, where it is to take place at 8:30 a.m. in the Bangor courtroom of the U.S. District Court.
The church, through its attorneys with Liberty Counsel, has disputed the Dec. 2 announcement by UMaine that it was upholding its decision to sell the Hutchinson Center to the "highest-scoring bidder," despite a formal protest and a lawsuit, both filed by Calvary Chapel Belfast, the church that the University of Maine System had originally picked in August to be the next owner of the campus.
Liberty Counsel said in in the complaint that in awarding the bid to Waldo CAP, UMaine officials failed to act neutrally and fairly, and were pressured by those against the church.
Waldo CAP is a nonprofit that assists low-income Waldo County residents to alleviate poverty. Calvary Chapel Belfast is part of the global Calvery Chapel association, "a network of churches committed to Biblical teaching and Christ-cenetered community outreach," according to its lawsuit.
Hutchinson Center campus divestment timeline
In August 2023, UMaine announced that it was closing its satellite Belfast Hutchinson Center, which comprises a 30,500-square-foot main building, a 1,960-square-foot barn and 11.6 acres.
Named after former University of Maine President Frederick E. Hutchinson, the Center had been a high learning facility for the prior 23 years.
MBNA, the bank that had settled in Camden and Belfast in the 1990s, developed the campus as a learning center. When that bank was acquired by Bank of America, the latter donated the Hutchinson Center to UMaine in 2007.
UMaine trustees voted to sell the Hutchinson Center in January 2024, saying: "a decline in student enrollment and escalating operating costs made it clear it would no longer be viable for the public university to sustain the facility. No degree-seeking students have taken classes in-person at the center since 2020."
That is when a group of Midcoast residents organized as the Future of Hutchinson Center Steering Committee/Waterfall Arts and submitted a proposal to UMaine, hoping to maintain the center as a conference, learning and community center for Belfast and the broader Midcoast community.
But UMaine subsequently issued a competitive request for purchase, lease or creative alternative proposals for the property, and three entities responded: Calvary Chapel Belfast, Waldo CAP, and the Hutchinson Center Steering Committee.
While the initial deadline was February 5, UMaine issued an addendum that delayed the submittal deadline to March 29, “in response to community feedback.”
The Hutchinson Center Steering Committee had circulated a public petition advocating transfer of the Center’s ownership from UMaine to the local community. The petition received over 1,000 positive responses.
In March, a Maine Legislative committee killed a bill proposing that transfer.
On Aug. 14, UMaine announced that it was awarding the Hutchinson Center property transfer to Calvary Church Belfast.
On Aug. 18, both Waldo CAP and the Future of the Hutchinson Center Steering Committee/Waterfall Arts (FHC-WA) protested the award.
On Aug. 19, UMaine upheld its decision to sell to the church.
On September 3 and in accordance with the university’s procurement process, FHC-WA submitted a second appeal, this time to UMaine’s Vice Chancellor for Finance and Administration.
On Sept. 12, UMaine Vice Chancellor for Finance and Administration and Treasurer Ryan Lowe said the decision by UMaine to sell the Hutchinson Center campus in Belfast to the Calvary Chapel Belfast had been rescinded.
UMaine said it determined during a formal appeal process that there had been a deficiency in the original RFP’s evaluation criteria.
On Oct. 4, a new RFP was posted.
On Nov. 15, UMaine announced it was awarding the bid to Waldo CAP.
Calvary Chapel Belfast filed an appeal, and a lawsuit.
UMaine argued that the church protest: "centered on the outcome of an earlier solicitation, which ended in September when the System rescinded an award to negotiate after determining a deficiency in its original request for proposals (RFP), which had been issued in January.
"Specifically, the evaluation criteria did not adequately allow for the full financial impacts of proposals to be considered, including the costs to UMS or savings related to moving or maintaining the Networkmaine hub in its current location inside the Hutchinson Center."Calvary Chapel Belfast is part of the global Calvery Chapel association, "a network of churches committed to Biblical teaching and Christ-cenetered community outreach," according to the lawsuit.
Reach Editorial Director Lynda Clancy at lyndaclancy@penbaypilot.com