Staff Writer

Casella Recycling LLC has filed a lawsuit alleging amendments to Biddeford’s zoning law are part of the city’s “long standing campaign to harass” the company and ultimately shut down its operations in the city.

Casella is the parent company of Maine Energy Recovery Co., which operates a trash incinerator in downtown Biddeford.

The petition filed Sept. 2 in York County Superior Court asserts an amendment to zoning laws enacted Aug. 3 was illegal reverse spot zoning on a Casella-owned property at 66 Andrews Road. Spot zoning refers to any zoning ordinance that is designed to benefit a particular parcel of land and is illegal when it applies to a limited area and is inconsistent with a city’s comprehensive plan.

The lawsuit requests judicial review and asks the court to rule the amendment was illegal, award damages and attorney fees and any other relief the court deems appropriate.

Casella attorney John F. Lambert of Lambert Coffin in Portland also requested a stay until Nov. 2.

Keith Jacques of Smith Elliott Smith and Garmey, who represents the city of Biddeford, did not return calls for comment.

Casella has operated a warehouse and storage facility on Andrews Road since 1998. In December 2009, the company entered into a purchase and sale agreement for the property with Global Environmental Solutions Inc. of South Portland. The intention of GES was to continue the same use of the property with “some minor recycling activity,” according to the lawsuit. The sale agreement was extended and Casella still owns the property.

After signing the agreement, GES officials met with city planning staff who recommended the company submit a conceptual plan for the planning board to review and determine if proposed uses were legal under existing zoning. The company submitted the conceptual plan in time to be scheduled for planning board review on Feb. 3, according to the lawsuit.

On Feb. 2, the city council initiated a proposal for a 120-day moratorium on the establishment of new commercial recycling facilities that accept or process construction, demolition or industrial debris. After the moratorium was enacted, the planning board declined to review GES’ conceptual plan. The council extended the moratorium for an additional 60 days on June 1.

GES on June 16 amended its application to eliminate recycling and use the property for warehousing, storage and minor maintenance activities. About a month later, the planning board adopted a recommended zoning change for the city council “that was completely inconsistent from that recommended by the planning staff, and which was directly targeted at the revised application submitted by GES only 20 days earlier,” the lawsuit says.

The planning board recommended eliminating recycling and prohibiting warehousing and storage on the property. Casella attorneys told the planning board the recommendation would render the property valueless to the company. The city council first considered the recommendation July 20 and gave final approval Aug. 3.

“The adoption of the amendment to the zoning law was part of Biddeford’s long standing campaign to harass (Casella) and its affiliates operation in the city of Biddeford, to cause them economic harm, and ultimately to ‘shut down’ the operations of (Casella) and its affiliates,” the lawsuit says.

The lawsuit says adoption of the amendment was not consistent with Biddeford’s Comprehensive Plan, was “arbitrary, irrational, retaliatory and confiscatory,” and was a violation of due process, equal protection and taking clauses of the United States and Maine constitutions.

City Planner Greg Tansley said GES has standing despite the ordinance amendment because it submitted a complete application prior to its adoption. The planning board has requested additional information from the company for review, including a wildlife study and wetlands delineation. The information had not been submitted by Tuesday morning and a review will be scheduled once it is received, he said.

Staff Writer Gillian Graham can be reached at 282-4337, ext. 213.