The dispute between the city of Portland and Greater Portland landmarks over the fate of the former children's museum building had its day in court Wednesday.
The Portland Museum of Art wants to tear down the building as part of a $100 million expansion, and the city maintains that the structure has undergone so many renovations that it isn't worthy of preservation.
Elizabeth Boepple who represents Greater Portland Landmarks, said the City Council is not supposed to act in a legislative capacity in such cases.
"They are supposed to apply the standards in the land use code," Boepple said. "That's what they did not do. If they had they would have reached the same conclusion as the Planning Board and Historic Preservation Board, that the building has not lost historic integrity."
Boepple said such change doesn't necessarily mean that a building has lost its character defining features.
"There is built into the Historic Preservation Ordinances and guidelines by the National Park Service a recognition that buildings do change over time. We want adaptive reuse of historic buildings."
Boepple said the reclassification also puts at risk certification of the Historic District and tax credits for historic restoration work.
Greater Portland Landmarks is asking Cumberland County Superior Court Justice Deborah Cashman to remand the matter back to the City Council with clear instructions on how to interpret Portland's Historic Preservation Ordinance. A decision is expected in a few months.
The city of Portland declined to comment.