Justice Murray Suspends Action on Belfast’s Eminent Domain Attempt

On Wednesday, May 11th, Maine Superior Justice Robert Murray released an order settling a series of claims and counterclaims arising from the City of Belfast’s attempt to improperly use its eminent domain powers and then put a stay on any further action in the case. Belfast claimed it could “take” any ownership rights in the  intertidal mudflats that Nordic Aquafarms, Inc. needs for its saltwater intake and wastewater discharge pipelines but the City knew it was not following due process. So did Nordic, yet the company encouraged and joined the City in its attempt to evade judicial determination of the ownership of the disputed intertidal land in the title claims case.

Justice Murray’s action returns attention in the 3+ year-old controversy over Nordic’s plans for Belfast to the initial case involving ownership of the intertidal area. That case is currently on appeal before the Maine Supreme Judicial Court – also referred to as “the Law Court.”

The May 11th stay shows that Belfast’s gambit to avoid the court process in the title claims case failed. Sadly, all the costs of this litigation and the attorneys’ fees spent on it were taxpayer funds squandered on a trumped-up scheme to use eminent domain for Nordic and circumvent the consequences of lawful litigation…assuming Nordic did not pay the City’s legal costs for its actions.

Justice Murray used his order to grant Upstream Watch (the original holder of the conservation easement over the intertidal flats) standing to file for relief from Nordic and the City’s eminent domain ploy under Rule 80B and found that Upstream has “…sufficient standing to seek an injunction restraining the City’s eminent domain action.”

The carefully constructed, 54-page order covers 15 counts in a motion that Belfast and Nordic filed attempting to dismiss most of claims in the eminent domain case. A table of those 15 counts and the Justice’s decision on each is attached to this release, along with the ruling.