AUGUSTA -- Even as a portion of the former Cony High School was being demolished this week to make way for a supermarket, a lawsuit concerning that project continues.

Five city residents have asked that the Maine Supreme Judicial Court hear an appeal after a judge rejected their claims against the city of Augusta.

The petitioners claimed the city unlawfully censored them by refusing to put questions relating to the former Cony site on the ballot in 2006.

Justice Joseph Jabar dismissed their claims on April 16 and the petitioners, led by William P. Johnson, asked him to reconsider.

Jabar issued second order on Thursday denying the motion for reconsideration.

"While plaintiffs' motion for reconsideration is for the most part an attempt to rehash arguments resolved by the court's decision, plaintiffs do correctly point out that in a few places in its decision the court referred to an 'ordinance' when this case deals instead with the City of Augusta's charter," Jabar wrote.

The petitioners gave city officials notice earlier in the week that they were filing the appeal.

A clerk at Kennebec County Superior Court said the case would be forwarded to the court in Portland.

The petitioners claim the city prevented them from bringing issues to the voters.

They wanted residents to vote on whether to preserve the entire former high school for education, athletics or recreation and whether zoning changes should go to voters for approval.

In June 2005, city residents voted 3,051 to 2,419, to permit the sale of 6 acres of the Cony site to Boulos Development Corp., which plans to erect a Hannaford Bros. supermarket.

The Maine Supreme Judicial court has weighed in on a previous case brought by petitioners, ordering the city to issue petitions in June 2006.

Betty Adams -- 621-5631

badams@centralmaine.com