Nordic sues the City
The suit
On May 16th, Nordic Aquafarms filed a lawsuit against the City of Belfast for repealing its exercise of eminent domain, which was an attempt to claim the intertidal land for Nordic’s intake and discharge pipes. These mudflats are held in a conservation easement by Friends of Harriet L. Hartley Conservation Area, and the property is owned by Jeffrey Mabee and Judith Grace.
Over the last 6 years, the City of Belfast has spent more than $120,000 to defend Nordic Aquafarms and now must use more taxpayer dollars to defend itself from Nordic. The farmed salmon company is suing on the grounds that the City did not determine its municipal boundaries before vacating the order. The lawsuit requests the reversal of the City's revocation, the validation of Nordic’s easement for its intake and discharge pipes, and a court declaration stating that the easement does not breach the deeded use restrictions attached to the land since the 1940s.
This is despite the remand of the condemnation order by the Maine Supreme Court and existing surveys and court decisions that clearly define and confirm the boundaries and the mouth of the Little River, indicating Nordic’s suit lacks a solid foundation.
In a recent Press Herald article, Tucker says, “Nordic’s suit simply confirms that the taking was always illegal and no court will punish Belfast for vacating an illegal condemnation order based on directions in a remand order from the Superior Court, and determinations in a Law Court decision.”
The park
When the City originally exercised eminent domain to seize the intertidal land, they claimed they would use the land to create a public park. As pointed out by Lawrence Reichard’s letter to the editor in the Republican Journal, the City failed to mention the park during this spring's proceedings, effectually proving that the city exercised eminent domain for Nordic's purposes instead of public interest. Attorney Kim Ervin Tucker echoes this sentiment in the recent Press Herald article, “Nordic’s suit confirms that the taking was done for Nordic’s benefit – not for use of this land as a park.”
Mixed messages
Jacki Cassida, Nordic spokesperson, said this week, “We are dedicated to Belfast and want to continue bringing other economic benefits to Belfast and the surrounding region by completing the development of its fully permitted on-land aquaculture facility.” Despite claiming dedication to Belfast, Nordic is now suing the city, diverting even more taxpayer dollars to defend against their lawsuit and continuing to disregard the community’s needs and concerns.
Interested parties
Included, though not served with a copy of the lawsuit, as parties of interest in the case are Friends of Harriet L. Hartley, Jeffrey Mabee, and Judith Grace. It is our respective land and property right that Nordic wants, and it is still attempting to claim through the City’s revoked condemnation order and 9/3/2021 easement.
Although Friends of Harriet L. Hartley, Jeffrey Mabee, and Judith Grace are not defendants in this case, we are indeed the true parties of interest. Over the last 6 years, we have demonstrated more dedication to the City’s best interest than the City has.
In a recent article in Intrafish detailing Attorney Tucker’s efforts over the last 6 years to shut down Nordic’s project, Tucker resounds: “Nordic should be finding ways to gracefully leave town because they’re never going to build what they want to build here.”
Stay tuned to HLH for updates as we forge ahead to protect the bay.