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October 8, 2010

Activist appeals Sears Island dismissal

By The Mainebiz News Staff

Rockland activist Rob Huber is appealing a Superior Court decision to dismiss his lawsuit against the Maine Department of Transportation's plan to develop a port on Sears Island.

Maine Superior Court Judge Jeffrey Hjelm last month dismissed lawsuits filed in 2009 by Huber and two other plaintiffs, arguing the damages they claimed were based on a "hypothetical" development. The lawsuits claimed that the DOT's decision to market a port on Sears Island to potential developers would have harmed their enjoyment of the island, and that a conservation easement on about 600 acres violated state law and Maine's Sensible Transportation Planning Act. Huber filed the appeal Sept. 29, and told the Herald Gazette that the judge's decision did not address "constitutional issues" raised in the case. He argued the legislative act regulating the island's development violates a portion of the Maine Constitution related to distribution of powers, according to the paper.

The other two plaintiffs have decided not to appeal the dismissal of their lawsuits.

Go to the article from the Herald Gazette >>

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