August 19, 2021 — A lawsuit filed by two waterfront businesses against the city and the New Bedford Port Authority was dismissed in Superior Court this week.
Marine Hydraulics and Nordic Fisheries sued the city in January, alleging it was breaching a 99-year lease contract and misleading the companies regarding the expansion of the North Terminal, located on the west side of the harbor.
Nordic Fisheries bought Marine Hydraulics’ assets and lease in 2015 according to court records, but both companies filed the lawsuit. The city filed a motion to dismiss it in March.
The crux of the lawsuit is direct water access. According to site plans issued for bids dated Nov. 25, 2020, the terminal expansion would, as the complaint states, landlock Marine Hydraulics by filling the waterfront area with approximately 250,000 square feet of sediment. The fill would cover Marine Hydraulics’ boat ramp and establish a bulkhead a few hundred feet from the current shoreline.