Judge dismisses MERC lawsuit
A York County Superior Court judge has dismissed a lawsuit against the Maine Energy Recovery Co. incinerator in Biddeford filed by Mark Johnston, the former mayor of Saco.
Johnston filed the lawsuit in August 2008, alleging the incinerator and its odor "remains a distinct threat to realizing the full potential of economic revitalization in downtown Biddeford-Saco," according to an email he sent at the time to Gov. John Baldacci and members of the media.
Superior Court Judge Paul Fritzsche cited "a complex mix of court decisions and statutes and sometimes confusing terminology" when he dismissed the lawsuit, according to a press release from Johnston. Fritzsche said Johnston's complaints "are better addressed through regulation, negotiation, eminent domain or legislation."
Johnston said he and his attorney are not sure yet whether they will appeal the decision.
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