ROCKPORT – A Rockport resident filed a Freedom of Access Appeal with Knox County Superior Court Aug. 11, claiming the town failed to reply to multiple requests for public documents about a proposed expansion project and creation of a pathway on Warrenton Street.

The Complaint for Review of Governmental Action was filed on behalf of Ethan Jones by Attorney Kristin Collins of Preti Flaherty Beliveau & Pachios LLP in Augusta. Jones, a Warrenton Street property owner, is concerned about a project planned by the town to expand the street and place a multiuse pathway within the town way, which he says is abutting his property, according to the appeal.

Jones said in his complaint that the town is not complying with Maine’s Freedom of Access Act by ignoring his requests for public documents.

A request for information under the Maine Freedom of Access Act is a formalized process, governed by state statute, that ensures members of the public can obtain government records they seek and attend public proceedings where the people's business is underway.

As of Aug. 31, the town has yet to file a response to the complaint in Knox County Superior Court.

A description and scope of the town’s project were documented in the Rockport Pathways Committee meeting minutes from March 17.

“The Public Works infrastructure project calls for removing an existing deteriorated sidewalk (150 feet along the west side of Warrenton Street from the intersection of Route 1). The removal has been cited as necessary to save the town money, and the Public Works decision was to remove the sidewalk as opposed to repairing it. It has been described as 'sidewalk to nowhere' as it ends abruptly. Plans include replacing it with a 5-foot wide at-grade pathway running from Warrenton Street/Route 1 to the town’s pump station. With the drainage work scheduled along Warrenton Street, the project includes shoulder widening, mailbox relocation and grade adjustments. Construction was scheduled to begin on the drainage infrastructure in mid-April; survey stakes and catch basins already placed on properties. The proposed pathway was sited at same level as roadway with painted separation (no curbing). The Complete Streets policy applied to Warrenton Street is to accommodate pedestrians/cyclists.”

Jones who is concerned about the impacts of the Warrenton Street project on his property, said in the complaint that, “he submitted an email to Rockport Town Manager Jonathan Duke and Town Clerk Liz Lowe on or around April 2, 2026, seeking records regarding (1) the Warrenton Street project; (2) the Town’s “Complete Streets Policy”; and (3) a Camden-Rockport Pathways Committee meeting.”

The complaint claims the town did not respond to or acknowledge requests sent initially by Jones to receive the records regarding the Warrenton Street project within five working days as required by 1 M.R.S. § 408-A.

Jones further claims that, “the Town’s extreme delay or outright refusal to fulfill the Requests is intended to frustrate and obfuscate Plaintiff’s opposition to the Warrenton Street project and/or to prevent him from discovering information that might be politically damaging to the Town or its officials."

The timeline of alleged communications stated in the suit among Jones, Collins and the town are as follows.

April 14:  Jones emailed again on April 14 to ask about the status of receiving the records regarding the Warrenton Street project. Duke responded on April 14, "indicating that he would be out on vacation from April 16 through April 27, but hope[d] to have an estimate of potential costs at that time and will respond if the request will exceed your stated amount.”

May 7: Collins, on behalf of Mr. Jones, submitted a letter to the Town of Rockport Select Board and Duke about the status of receiving the town’s complete streets policy. Included in the May 7 letter were requests for public documents related to the contracting and permitting for the Warrenton Street project.

May 12: 2026: Jones sent a follow-up email to Duke about receiving the records regarding the project.

May 22: Having not heard back from the town regarding the request for its complete street policy, Collins emailed Duke to inquire about its status. Duke replied that he had not seen the request and that he was waiting for the Town’s IT department to provide a response regarding the records for the Warrenton Street project.

May 24: Collins clarified to Duke that the requested was embedded in the May 7 letter.

May 27: Jones emailed Duke to remind him that his request had been pending since mid-April with no response.

 May 30: Duke responded that he would be preparing estimates for the response.

 June 29: Counsel wrote Duke to again inquire about the status of the requests.

July 1: Duke replied, saying, “Unfortunately I’ve been involved in a series of FOAA requests in this period and I am waiting for information from my IT contractor, my town attorney, and the engineering firm who prepared some of these efforts. I do not have all of the information I need to provide you with an adequate response and I am out the next two days. I’m hopeful to have more information next week.”

Collins said she received no response the following week.

July 7: Collins engaged Public Access Ombudswoman Brenda Kielty to assist in facilitating the FOAA response.

On July 15, Kielty contacted Duke to inquire about the status of the FOAA response, according to the complaint.

"To the best of the plaintiff’s knowledge Duke never responded to Kielty and has not contacted Jones or Collins since July," the complaint said.

Collins has asked Knox County Superior Court to order the town to release the documents requested by Jones within 14 days at no cost and award attorney fees and whatever relief the court deems just.

Reach Sarah Shepherd at news@penbaypilot.com.