Cruise Ship Lawsuits Continue to Blossom, Wither, and Evolve
Golden Anchor files against town while a Sidman suit against town is dismissed
BAR HARBOR—Another cruise ship lawsuit has sprung into the court system. This time, it’s the Golden Anchor L.C. of 55 West Street, and it’s about a notice of violation issued by the town.
The business also filed an appeal of that violation notice, which charges that the company accepted more than 1,000 disembarkations off a cruise ship this summer after the new disembarkation limits (Chapter 52, the cruise ship ordinance) went into effect. It asks for an injunction which would prevent the town from enforcing both its notice of violation against the tendering property as well as the ordinance. There is not yet a date for the hearing.
Earlier this month, shortly after filing an appeal of the notice, the business filed a complaint for a declaratory judgement in state court. The filing can be seen on the town’s webpage.
Attorneys for Golden Anchor said, “The ordinance did not provide sanctions for any persons or entities other than owners and operators of the private piers. The ordinance did not provide owners and operators of the two private piers with any authority to prevent the disembarkation of ‘excess unauthorized persons’ from cruise ships into Bar Harbor.”
It also expresses that the ordinance doesn’t give the town authority to prevent disembarkation of “excess unauthorized persons” onto Bar Harbor property and calls it “discriminatory, arbitrary and capricious and lacks a rational nexus between its purpose and the means it employs in violation of the US constitution and the Maine constitution.”
That notice of violation was issued because the 55 West Street property, which has been accepting cruise ship tenders for years, did not apply for a permit, which is now required under the 1,000-a-day limit rules that were enacted this summer.
The company is also part of a federal appeal of Justice Lance Walker’s late February/March 1, 2024 decision upholding the new town limits, which are currently set within the town’s land use ordinance and were approved by voters in November 2022.
The notice of violation is from August 5, 2024. The application for administrative Appeal was filed Wednesday, September 4, 2024.
In the 96-page administrative appeal, attorney Andrew Hamilton argues that the company already has an approved site plan and a Wharves and Weirs Act permit that had been issued by the town. Therefore, he argues, the company should not be required to file for new permits. The new permits are required under the new cruise ship disembarkation rules.
Those rules are up for potential repeal by the voters in November. In their place would be a contractural disembarkation limit proposed by the town staff and Town Council. Instead of daily limits created by a counting mechanism, it would have daily, monthly, and seasonal caps based on cruise ship lower berth capacities.
Hamilton writes that the “Golden Anchor L.C. is required to challenge the claim by the CEO’s notice of violation issued…to preserve its rights.”
Hamilton also argues that the violations are part of Chapter 52 rather than Chapter 125 and therefore is “not a part of the LUO set forth in Chapter 125.” Following this argument, he asks that the Appeals Board determine if it has “authority to hear the appeal.”
Sidman Suit Update
Earlier this month, the Maine Business and Consumer Docket of Maine Superior Court granted the town’s motion to dismiss a case brought by Charles Sidman against the town, reasoning that the town’s instructions to its harbormaster were policy rather than a quasi-judicial decision as Sidman’s lawyers had argued.
The complaint came after the Bar Harbor Board of Appeals’ decision where it did not approve his administrative appeal about the Town Council’s statement on March 6 which concerned the enforcement of the town’s Chapter 125-77H. There is one claim still pending in a lawsuit filed by Sidman that is also related to that same March 6 statement.
PUBLIC MEETINGS, DISCUSSIONS, AND ONE-ON-ONES
Individual Town Council one-on-ones:
Some councilors have said that they will individually meet with residents about the cruise ship article on the warrant. All are at the Jesup Memorial Library.
Val Peacock: Saturday, October 5, 10-12 p.m.; Tuesday, October 22, 3-5 p.m.; Saturday, November 2, 10-12 p.m.
Matt Hochman: Wednesday, September 25, from 4-8 p.m., and Saturday, October 5 from 2-5 p.m.
Kyle Scot Shank: Wednesday, October 9, from 6-8 p.m.
Charles Sidman’s Citizen Event
Charles Sidman: Tuesday, October 1, 6 p.m.
Charles Sidman, the head petitioner in the citizen’s petition that led to the town vote on the disembarkation changes is also facilitating a meeting at 6 p.m. on Tuesday, Oct. 1, at the YWCA MDI on Mt. Desert Street.
TOWN DISCUSSION
Town-led Discussion: Thursday, October 3, 6 p.m.
This is led by the town “to learn, ask questions, and get answers about the proposed changes to cruise ship visitation regulations on the November 5, 2024 ballot.”
This is an in-person event with a Zoom participation option.
Location: Town Council Chambers, Municipal Building, 93 Cottage Street
Time: 6:00 p.m.
More cruise ship Information: https://www.barharbormaine.gov/190/Cruise-Ship-Information
Zoom information: Zoom webinar link, passcode is 853192
As we see (or are told) of other events, we’ll update.
LINKS TO LEARN MORE
For more information, see the Cruise Ship Information page.
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In Bar Harbor, Council Unveils Potential New Cruise Ship Plan
For Bar Harbor, Potentially Changing Cruise Ship Regulations Moves Forward And Grows More Heated
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