Legal Update: Motion for Summary and/or Declaratory Judgment
Nordic Aquafarms, Inc. (NAF) has filed a lawsuit seeking a court order declaring that an easement granted by the City of Belfast on September 3, 2021, is valid and enforceable. This easement, known as the "9-3-2021 City-to-Nordic easement," has been a point of contention due to previous judicial determinations.
In the case Mabee v. Nordic Aquafarms Inc. (Mabee I), the Maine Supreme Judicial Court determined that Mabee and Grace own the intertidal land adjacent to Lots 35, 36, and 37, which Nordic sought to use for their project. The court also upheld the enforceability of the Conservation Easement created by Mabee and Grace on April 29, 2019. Additionally, the "Residential Purposes Only" servitude on Lot 36, established in a 1946 deed, remains binding on all successors, including the City of Belfast and Nordic.
The Waldo County Superior Court orders have also played a crucial role in this matter. The 3-2-2022 Stipulated Judgment confirmed that the Conservation Easement cannot be unilaterally amended or terminated by the City without court approval in an action involving the Attorney General. The 6-12-2023 Order reinforced that no action to amend or terminate the Conservation Easement should proceed until all claims challenging the validity of the eminent domain order are resolved.
Against the community's wishes, these cases were transferred from Belfast to Portland, causing further frustration among local residents and conservationists. The Parties-in-Interest, including Jeffrey R. Mabee, Judith B. Grace, and Friends of the Harriet L. Hartley Conservation Area, have filed a motion for Summary and/or Declaratory Judgment. This motion seeks to declare the 9-3-2021 City-to-Nordic easement as ultra vires (beyond the powers) and null and void ab initio (from the beginning) based on several points.
Firstly, the City of Belfast did not have the legal capacity to grant an easement to Nordic on Lot 36 for commercial purposes due to the "Residential Purposes Only" servitude. Secondly, the intertidal land adjacent to Lot 36 is protected by an enforceable Conservation Easement that prohibits commercial and industrial use. Lastly, the easement granted by the City includes land outside its municipal boundaries, which the City lacks the legal authority to control.
Moreover, this legal battle has placed a significant financial burden on the taxpayers of Belfast. The ongoing litigation costs and potential liabilities associated with defending an ultra vires easement could strain the city's budget, diverting funds away from essential community services and projects. The community's resources are being utilized to resolve legal issues that could have been avoided, further underscoring the need for careful decision-making by municipal authorities.
The Court is expected to rule on the motion in the coming weeks. We will continue to monitor the situation closely and provide updates as they become available. Your support and engagement are crucial as we work to maintain the integrity of the Belfast community.