A Wiscasset couple is claiming the town broke state law and the Maine and U.S. Constitutions in handling a proposed addition to a storage building on JB’s Way.

Thomas and Kathleen Bryant have appealed to Lincoln County Superior Court, for a review of the town’s actions in connection with the proposal by local business owner Allen Cohen.

As of Thursday, the court file on the appeal had no papers submitted by the town, Allen Cohen or other co-defendants. Town Manager Marian Anderson on Friday said the town has yet to be served in the matter. The appeal was filed Dec. 23. The Bryants’ proposed schedule for proceedings in the appeal was filed Jan. 2.

Among the complaint’s claims, the Bryants raise a conflict of interest issue regarding Allen Cohen’s membership on the planning board. The complaint claims that at a September 2014 board meeting at which the board approved the addition, Cohen “directly advocated for approval ... in an attempt to influence the planning board’s decision.”

According to minutes of an Oct. 23, 2014 Appeals Board meeting, Cohen’s fellow Planning Board member Karl Olson, who was Cohen’s surveyor on the project, said he and Cohen sat in the audience when the Planning Board dealt with the application.

“(Olson) reports both he and Al Cohen abstained from sitting on the board and were members of the audience. Both were being objective and avoiding a conflict of interest,” the minutes state. “(Planning Board Chairman) Ray Soule reported Mr. Cohen did not try to influence the board.”

Soule on Friday stood by the planning board’s handling of the proposal.

“We have done everything according to the ordinances,” Soule said.

Due to the pending court matter, Wiscasset Appeals Board Chairman Susan Blagden declined comment on the Appeals Board’s proceedings involving the addition.

The Bryants’ complaint names Allen Cohen, Melissa Cohen, Big Al’s Outlet and the town of Wiscasset as defendants. It asks the court to vacate the actions of the planning board and the town’s code enforcement officer; and block the Cohens and Big Al’s Outlet from storing fireworks on the Cohens’ property that, according to the complaint, abuts theirs.

Melissa Cohen declined comment Friday.

Attempts to reach Allen Cohen, the Bryants and the Bryants’ attorney in the court appeal, Jonathan Pottle of the Bangor firm of Eaton Peabody, for comment were not immediately successful.

A reconsideration of the addition is on the planning board’s agenda for Monday, Jan. 12,  However, in a Jan. 5 letter to Soule, the Bryants contend that their appeals to the court and the appeals board mean the planning board doesn’t currently have jurisdiction over the Cohen application.

Monday’s meeting at the municipal building starts at 7 p.m. The addition is the lone item on the agenda.