Nordic opponents appeal judge’s ruling

This afternoon, attorneys for the Harriet L. Hartley Conservation Area (HLH) and Upstream Watch filed their formal appeal of Waldo County Superior Court Justice Robert Murray’s Phase I rulings in the boundary dispute between the two conservation organizations and Nordic Aquafarms, Inc. (NAF).

Today’s filing in the title claims case (RE-2019-18) is the first step in bringing Justice Murray’s October 28, 2021 ruling, and his denial of the Plaintiffs’ and UW’s requests to adopt amended Findings and Judgment provisions, to the Maine Supreme Judicial Court. A Scheduling Order from the Maine Supreme Judicial Clerk will be issued at a future date.

Justice Murray included wording in the October 28, 2021 Order that made clear he was treating his Order on the title claims litigated during the Phase I trial as final for purpose of filing an appeal to the Supreme Judicial Court, stating: “Phase I of the trial in this case has concluded. Pursuant to M.R. Civ. P. 54(b)(1), the Court now enters a judgment as to Counts i-IV of Plaintiff’s Complaint, Count I of Nordic’s counterclaims, and Counts I, II, V, and VI of the Eckrote’s [sic] counterclaims, as there is no just reason for delaying the entry of a judgment on these claims…”  

We have always known the Superior Court decision would be appealed to the Supreme Judicial Court and look forward to that phase of this litigation.