On February 16, 2023, the Maine Law Court ruled in our favor on the intertidal land ownership case. The Law Court’s decision tracks Upstream’s attorney David Perkins’ winning brief point by point. This case was an appeal of the lower court’s ruling on the matter.
Background:
• In 2018, Upstream Watch hires the most knowledgeable surveyor on the subject of Maine intertidal land, Don Richards, who determines that the actual owners of that land are Judith Grace and Jeffrey Mabee.
• Attorney Kim Tucker proposes the excellent idea of placing a conservation easement on the land.
• Upstream creates a conservation easement over the intertidal land, and Judith and Jeffrey are gracious and eager to sign.
• Friends of Harriet Hartley forms (FHH), and Attorney Kim Tucker is hired to represent Judith Grace and Jeffrey Mabee and FHH.
• Upstream transfers the conservation easement to FHH.
• FHH files the original suit asking the courts to decide ownership, among numerous other issues. Upstream Watch is named as an interested party.
• Nordic sues Upstream Watch, FHH and Grace/Mabee for tortious interference on the eve of the BEP hearings, pulling Upstream Watch directly into the fight.
• Companies like Nordic misuse the court process to intimidate and silence their critics. To have the tortious interference claims dismissed, and to protect our non-profit from a potentially very expensive adverse verdict, it was critical to prove the Eckrote’s never owned the intertidal lands.
• Upstream files a counterclaim for abuse of process against Nordic, alleging their misuse of the courts to pressure Upstream to cease support for Grace and Mabee’s claim of title to the intertidal lands.
• Again relying on intimidation tactics, Nordic demands Upstream identify our donors in discovery. Nordic then offered to drop the tortious interference claim against Upstream if we agreed to stop all support, including any financial support, for Mabee/Grace and FHH.
• David Perkins, of Curtis Thaxter, takes the lead on the case as it proceeds to trial. (Perkins is considered to be one of the best real estate lawyers in Maine. He has successfully tried multiple cases with our surveyor, Don Richards.)
• Upstream’s attorneys formulate the plan on whom to depose and direct the depositions of Nordic’s surveyor Dorsky, Nordic’s employees Ed Cotter, CFO Brenda Chandler, a “genealogist” hired by Nordic, and CEO Eric Heim. These depositions are critical to building our case.
• The costs of these depositions and the expert testimony of Don Richards at trial are paid for by Upstream.
• The City of Belfast and Nordic make a “closed door” deal to buy the Eckrote’s land and to take the remaining land by eminent domain before the court issues its decision.
• Justice Murray in Waldo County Superior Court decides in favor of the Eckrotes, and Upstream immediately begins working on our appeal to the Maine Supreme Court (called the Maine Law Court).
• David Perkins writes Upstream’s brief for the appeal.
• Victory! Upstream and FHH win on appeal. The Court’s decision tracks Attorney Perkin’s brief nearly word for word and agrees on all points.
• Vindicated by the Law Court’s decision, Upstream moves to dismiss the tortious interference claim before Justice Murray at Waldo County Superior Court.
