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Fryeburg, ME

Fryeburg is a small town in Maine – that has quickly become ground zero in Maine’s looming water wars.

After Nestle built a nearby bottling plant, Nestle (in this cause in the guise of Poland Springs water) wanted to drill a new well in nearby Denmark, ME, and pipe water to a water-loading station in a Fryeburg residential area.

At first the town planning commission said yes, then reversed themselves due to impacts on the town (noise, traffic, pollution, etc).

To say Nestle was unhappy is an understatement.

They’ve sued and (and appealed) the town five times. Nestle’s lost all four (one is still pending), and in one instance, Nestle’s lawyers argued in front of the Maine Supreme Court that their right to grow market share superceded the town’s right of control:

[youtube]http://www.youtube.com/watch?v=glKQlsTdrFk[/youtube]

I’d gather Nestle’s goal isn’t so much a legal victory as a financial one; repeated litigation serves the dual purposes of bankrupting small towns – and serves as a warning to opponents who are considering fighting the world’s largest food and beverage multinational.

For example, the citizens group fighting Nestle’s repeated lawsuits finds itself $20,000 in debt, with yet another appeal on the table.

Will Nestle’s legal team win a victory through attrition over a small rural town?

There’s little they’re trying.

After all, Nestle’s legal team attempted to subpoena the private, personal financial records of local opponents to Nestle’s water bottling plant in McCloud – a clear attempt at legal intimidation.

Does Nestle use their considerable legal clout as a club on rural communities?

It seems they do.

While the little town of Fryeburg, Maine isn’t the only example, it’s fast becoming (sadly) one of the most extreme.

What do residents want?

[youtube]http://www.youtube.com/watch?v=FcvncdlO6LY[/youtube]

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Fryeburg, ME Legal Timeline

In June of 2005: Nestlé Waters North America submitted an application to the Fryeburg Planning Board to construct a trucking facility in a Rural Residential District. The site would be used to load up to 50 eighteen-wheeler water tanker trucks over a 24 hour period, seven days a week, 365 days a year with water extracted from the neighboring town of Denmark. All trucks would enter onto a section of Rt 302 that is identified by the Maine Department of Transportation as a high crash location.

On October 19, 2005: the Fryeburg Planning Board approved a 16 page result orientated decision drafted by only one member of the board and not shared with all members of the Planning Board until the night of the vote.

A loose knit group on citizens formed, calling themselves “Western Maine Residents for Rural Living.” The group hired an attorney and exercised their democratic right to file an appeal to the Fryeburg Zoning Board of Appeals in regards to the Planning Board’s decision.

On January 27, 2006: the Fryeburg Zoning Board of Appeals denied Nestlé’s permit issued by the Planning Board.

On March 21, 2006: Nestlé Waters North America Inc, as plaintiff, filed suit in the Oxford County Superior Court system against the Inhabitants of the Town of Fryeburg, Maine, the Board of Appeals of Said Town and Western Maine Residents for Rural Living.

On August 9, 2006: Superior Court Justice Roland A. Cole remanded the case back to the Fryeburg Planning Board for additional findings and conclusions on key points brought up by the citizens of Fryeburg in 2005.

On August 24, 2006: Nestlé does not follow Judge Cole’s remand, and instead filed suit in the Maine Supreme Judicial Court. Nestlé Waters North America v. Inhabitants of the Town of Fryeburg and Western Maine Residents for Rural Living.

On July 24, 2007: After numerous filing of briefs and oral testimony by both parties, the Maine Supreme Judicial Court concludes that because the Superior Court’s remand was not acted on by the Planning Board in Fryeburg, the case was not ripe for them to make a decision. The Court dismissed Nestlé’s arguments.

From July 31 to November 13, 2007: The Fryeburg Planning Board addressed the Superior Court remand and on November, 13 2007 denied Nestlé’s permit.

December 2007: Nestlé filed an appeal of the 2007 Fryeburg Planning Board’s decision to the local Fryeburg Zoning Board of Appeals.

On January 28, 2008: The Fryeburg Zoning Board of Appeals upheld the 2007 Planning Board decision and denies Nestlé a permit again.

On March 2008: Nestlé sued the town of Fryeburg again in the Maine Superior Court, Nestle Waters North America Inc v. Inhabitants of the Town of Fryeburg and Western Maine Residents for Rural Living.

On July 31, 2008: Judge Cole of the Maine Superior Court denied Nestlé a permit.

On September 25, 2008: Nestlé Waters North America Inc brings suit again to the Maine Supreme Judicial Court. Nestlé Waters North America Inc appellant v. Town of Fryeburg, Maine and Western Maine Residents for Rural Living, appellees.

As of October 17, 2008: The Supreme Court is awaiting the brief of Western Maine Residents for Rural Living.

14 comments

1 Sara { 09.15.08 at 2:21 pm }

I just found this on the Poland Spring web site for Fryeburg. A question and answer section that is interesting.

“Would approval of the load station change the kinds of uses that are permitted in Fryeburg’s rural residential zone?
No. If approved, the use Poland Spring is proposing would be consistent with other uses that have already been approved in Fryeburg’s rural residential zone and would not change the type or nature of uses permitted in this zone.”

So, I guess what Nestle is saying is that the precedent that could be set of 4 trucks an hour (as outlined in an earlier question on the same page), 24 hours a day, 365 days a year in a rural residential zone will not change the permitted uses… Boy, I’d sure like to live in rural residential zone that has 35,000 trucks a year riding through it… Oh yeah, and that means that that number would double as there are two trips associated with that truck, coming in and going out.

2 TC { 09.16.08 at 1:26 pm }

Sara: It’s that kind of statement – apparently spoken with a straight face – that reveals Nestle’s motives, which are not those of the concerned neighbor they pretend to be.

Nestle’s victimization of Fryeburg continues; when are they going to stop suing a town that’s so clearly said “no” so many times?

3 Catherine { 09.16.08 at 9:53 pm }

Tonight I am on my way to hear Elizabeth Royte read from her book Bottlemania. She is presenting in the shadow of Fryeburg, so it will be interesting to see who from Nestle (and the dark side) actually show up at the reading. Maybe some that she profiled in the book will show up as well!

Stay tuned….. report from the reading to come at a later date!

4 TC { 09.17.08 at 3:46 pm }

Catherine: I’ve written a review of Elizabeth’s book which will be appearing shortly. Let us know how the reading goes.

5 Reid { 11.25.08 at 11:23 am }

Briefs from the Town of Fryeburg as well as Western Maine Residents for Rural Living have been filed in Supreme Court. They are interesting reading.

6 TC { 11.30.08 at 6:53 pm }

Reid: Thanks for the note. I understand the case won’t be heard until early 2009, but we’ll certainly stay focused on that one.

7 Comprehensive Plan Goal May Not Be Used to Deny Facility that Meets Ordinance Standards « LAW OF THE LAND { 05.30.09 at 4:17 am }

[...] http://www.courts.state.me.us/court_info/opinions/2009%20documents/09me30ne.pdf For a blog by activists who attempted to stop the water bottling project see: http://stopnestlewaters.org/communities/fryeburg-me [...]

8 Bob { 07.09.09 at 6:40 pm }

I live in Fryeburg, and it’s scary what I am hearing lately what is going on here. I have watched the face of the Planning board and Selectmen change over the past few years… to a very friendly disposition towards Nestles….

9 Aaron { 04.09.10 at 2:25 pm }

I would like to make a donation in support of the fight. What is the best non-prof doing this work to give to?

Thanks,

Aaron

10 Travelerdiogenes { 08.21.10 at 10:05 am }

I lived in Fryeburg long, long ago, and had not heard anything of this issue. There were no jobs in Fryeburg then. Jobs in rural towns are really hard to come by, and my reaction is that Fryeburg folks should have a vote on the issue. Without jobs, younger people move away. Yeah this present economy means no jobs in Boston or NYC like before, so maybe young adults stay now, anyway – but without jobs it makes no sense, long term. If Fryeburg doesn’t want the jobs, thousands of towns do. Why Nestle doesn’t just go elsewhere is beyond me. Oh – Western Maine Residents for Rural Living means they will traipse on down the road like carpetbaggers, no matter where in western Maine Nestle’s wants it. Maybe they should run the pipe over into Center Conway.

Jobs – no one lives on pine trees, except paper companies.

Nestle’s is a good company to come Fryeburg’s way, being Swiss and all. Look at Switzerland. HQ in Vevey, on Lake Geneva. See what they do there.

No, I am not a troll for Nestle’s. I loved being in Fryeburg – but without jobs, I couldn’t stay. Maybe with Nestle’s there, someone else might be able to stay who would otherwise have to move down to the congestion of Boston-Nashua-Manchester.

Good luck with keeping people.

11 Take action to keep Nestlé away from our water | { 03.15.11 at 6:48 am }

[...] has been proven in the communities of McCloud, CA; Fryeburg, ME; Chaffee County, CO; and Mecosta County, MI. And that is exactly what we need to prevent in Oregon. [...]

12 lvnw { 06.14.11 at 5:36 pm }

In respone to Travelerdiogenes. It’s not about the jobs in Fryeburg. Nestle is taking the water from the people without
paying taxes, bottling it in toxic PET plastic and selling back to the public for 1000 times the cost of tap water. Watch the documentary “Tapped”.

13 Tapped: bottled water challenges tap water as consumers pay { 06.04.12 at 4:32 pm }

[...] Fryeburg, Maine residents have challenged Nestle, the owner of Poland Springs. Antiquated “absolute dominion” laws allowed Nestle to pump as much as they wanted. [...]

14 AKK { 09.17.12 at 11:50 am }

It is September 2012.. I have just seen Tapped and am appalled.. and sorry for my ignorance of how bad it is .. how is Fryeburg doing in the fight. I rarely drink bottle water, but now I will avoid it like the plague!