WELLS – Selectmen agreed Tuesday that a citizens’ petition aimed at blocking construction of a cancer treatment center would not be voted upon in a town election.

Selectmen voted unanimously against scheduling an election, saying the ordinance proposed in the petition would be unconstitutional and could leave the town vulnerable to a lawsuit.

The ordinance was proposed by critics of the 14,000-square-foot cancer center on Route 1 planned by Maine Medical Center and Southern Maine Medical Center. The ordinance would have required voter approval of any tax-exempt development east of the Maine Turnpike exceeding 10,000 square feet.

Samuel DiCapua, a resident who circulated the petition, said he was concerned about projects that are exempt from property taxes.

But a legal analysis by the town’s attorneys concluded that the ordinance would violate a developer’s rights because it would let voters decide on projects without any criteria to judge them. The analysis further stated that the ordinance would create an additional regulatory layer for tax-exempt projects, which could violate equal protection rights.

Selectman Richard Clark said he does not approve of the site for the cancer treatment center, “but we just can’t change the process because we’re unhappy with the project.”

Selectmen Ken Creed said the town would “be asking for a lot of heartache” if the petition’s proposed ordinance were put to voters.

DiCapua said he was disappointed, but not surprised, by the selectmen’s decision. He said he would drop the petition drive because he doesn’t want to put the town in a position to be sued.

“I guess I’m frustrated that the people are not being heard,” he said. “I think it’s evident the public has had no input on this.”

Tuesday’s vote is the latest chapter in a nearly two-year controversy in which Maine Medical Center and Southern Maine Medical Center prevailed over a competing project put forth by another group of hospitals made up of York Hospital, H.D. Goodall Hospital in Sanford, and Wentworth-Douglass Hospital in Dover, N.H.

York Hospital has appealed the state’s decision to approve the other hospitals’ proposal. The case is being reviewed in Kennebec County Superior Court.