Judge denies Nordic move to dismiss intertidal land ownership case

Last Friday afternoon, Maine Superior Court judge, Robert Murray, handed down four rulings that clear the way for a decision on who owns the intertidal zone through which Nordic Aquafarms, Inc. (NAF) wants to construct its saltwater intake and wastewater discharge pipes.  “We are pleased that the case is moving forward,” Kim Ervin Tucker reported to her clients, plaintiffs Jeffrey Mabee and Judith Grace. “The court clarified some of the issues for trial.  We are confident that we will prevail on the facts and look forward to a resolution as soon as possible.” 

Judge Murray had several procedural questions to resolve and handled four of them the June 4th actions.  He denied NAF’s April 22nd motion asking for dismissal of the case “…with prejudice…”; granted a motion from the plaintiffs to add the Friends of Harriet L. Hartley as co-plaintiffs in the case; ordered a “virtual status conference with all parties” within 21 days of his Friday decisions, and denied the plaintiff’s motion for a summary judgment in favor of the Mabee-Grace ownership claim but added: “The parties could assist the Court at a trial on this issue [the waterside boundary in the Hartley-to-Poor deed – AS] by providing evidence regarding the locations of the measurements in order for the Court to fix the boundaries.” 

Attorney Tucker summarized the June 4th decisions neatly, saying: “Judge Murray denied NAF’s motion to dismiss our case — agreeing with us that we had legitimate grounds for not yet serving the two lot owners — not the least of which was the Court had not ruled on our motion to amend the complaint (that we would serve them with).  The Judge also granted our motion to file the Second Amended Complaint and gave us 14 days to serve them.  We will get that done this coming week.”