Maine’s Office of Attorney General files with HLH against Nordic

This afternoon the Office of the Attorney General (OAG) intervened on behalf of Jeffrey Mabee and Judith Grace, landowners defending their property rights against an effort by the City of Belfast to condemn the couple’s conservation easement with The Friends of Harriet L. Hartley Conservation Area (HLH). 

Today’s action comes three days after OAG attorney Lauren Parker notified Belfast attorney’s that the city had no legal right to condemn the Mabee-Grace property without going through the procedure required by Maine statute.  By law, a conservation easement can only be modified or terminated by court order…and the Attorney General is required to join any suit brought by another party seeking to overturn a conservation easement. 

The OAG’s 8-page filing includes two counts for declaratory judgment and asks the Court to grant eight requests: 

Prohibit Belfast from unilaterally terminating a privately held conservation easement. 

 Declare that Belfast’s condemnation of the easement did not terminate it. 

 Declare the condemnation does not allow Nordic Aquafarms to use the property. 

Declare that the easement remains valid and in effect. 

Declare that Nordic’s use of the disputed intertidal land would violate the easement. 

Enjoin Nordic from using the land until the Court determines: (a) the easement is invalid; or (b) the easement may be amended or terminated to allow Nordic access. 

  Award the Attorney General the costs of his suit. 

Award the Attorney General other relief that the Court decides is appropriate.