Sears Island lawsuits dismissed
A judge has dismissed three civil lawsuits filed over the state Department of Transportation's plans for a port on Sears Island, calling them "premature."
Maine Superior Court Judge Jeffrey Hjelm last week dismissed the lawsuits filed by Ron Huber of Rockland, Harlan McLaughlin of Searsport and Douglas Watts of Augusta, arguing that the damages they claimed are based on a "hypothetical" development, according to the Republican Journal. The three men filed civil suits in February 2009 in opposition to the DOT's plan to market about 340 acres of Sears Island for a possible cargo port. The lawsuits also claimed a conservation easement for about 600 acres of the island between the DOT and the Maine Coast Heritage Trust violates state law and Maine's Sensible Transportation Plan. Hjelm dismissed the suits for lack of standing, and in his statement said that, since the state has only marketed the property and not yet accepted a plan to build a port, "injury [to the plaintiffs] cannot be viewed as imminent," according to the paper.
In a press release, Huber, an activist, said he was disappointed by the decision but that he intends to file another lawsuit in the future should the DOT receive an application to build the port.
Go to the article from the Republican Journal >>
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