BAR HARBOR — Hotelier Tom Walsh won a court challenge this week filed by competing hotel owner David Witham over the construction of Walsh’s West Street Hotel.
In a 12-page decision issued Tuesday, Maine Business and Consumer Court Justice John Nivison found that the town’s 2010 approval of the now-operational waterfront hotel is correct and that the building, as approved, meets land use standards.
Witham, who owns the neighboring Bar Harbor Inn and a number of other hotels in the Bar Harbor and Ellsworth area, has been fighting a legal battle against the West Street hotel since it was approved three years ago. His claims have largely centered on an early decision by the Planning Board that found the hotel had more floors than local land use rules allowed.
Witham also asserted in his challenge that the hotel does not provide enough parking. This, too, was found to be without merit by Justice Nivison.