The Wiscasset Select Board emerged from an executive session Tuesday night promising an announcement by week’s end on whether or not the town will proceed with litigation against the Maine Department of Transportation in an attempt to force it to reconsider parts of the $5 million downtown project.

 The board and Town Manager Marian Anderson met behind closed doors with Portland attorney Peter Murray and his associate John Shumadine for 94 minutes. After returning to open session, the board quickly adjourned.

Before leaving the hearing room, Chairman Judy Colby told reporters that to date, no litigation had been filed against MDOT. Colby said Anderson would release an announcement with additional details in the next few days.

Earlier in the day in response to an email request from the Wiscasset Newspaper, Anderson confirmed the town’s legal line of the budget is overdrafted. The town has spent over $32,000 as a party of interest in Wawenock, LLC litigation’s against MDOT, and $14,000 for other legal services. The board budgeted $25,000 for legal fees as part of the $116,000 voters approved in June for contractual services. Anderson said the select board would need to hold a special town meeting to authorize future legal expenses.

On Nov. 7 the select board voted 3-2 to begin proceedings to force MDOT to the negotiating table in hopes of retaining Main Street parking and preventing the removal of the Haggett building on Water Street. Vice Chair Ben Rines Jr. and members Bob Blagden and Katharine Martin-Savage passed the motion while Colby and Selectman Jeff Slack dissented. The project is slated to start in April and the demolition of the Haggett building is planned for next month.

The Nov. 7 motion stipulated the court action be filed within 24 hours. There was no discussion on what the litigation might cost.

The decision to head to court followed a meeting earlier in the month when Rines, Blagden and Anderson met with MDOT’s deputy commissioner in Augusta. The meeting was requested by Wiscasset officials to share concerns of the business community about the planned removal of Main Street parking and other on-street parking. Concerns about the loss of the Haggett building were also discussed.

Anderson described it as having been a positive meeting saying state officials were willing to consider retaining some Main Street parking and making improvements to a small municipally owned parking lot on Middle Street behind Treats.