SACO (AP) – A Superior Court judge has thrown out a lawsuit against the Maine Energy Recovery Co., which is the target of complaints about odors coming from the Biddeford incinerator.
Justice Paul Fritzsche (FRIT-chey) cited a mix of court decisions and laws in dismissing the suit, which was filed last year by former Saco mayor Mark Johnston.
The judge said remedies to Johnston’s complaints are better addressed through regulation, negotiation, eminent domain or legislation.
Johnston said Fritzsche did not free MERC of responsibility for creating a nuisance. Johnston is not sure whether he’ll appeal.
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