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HomeNewsCity NewsJudge pauses RYAM bioethanol lawsuit against Fernandina Beach for 90 days

Judge pauses RYAM bioethanol lawsuit against Fernandina Beach for 90 days

by Kate Kimmel

The judge overseeing Rayonier Advanced Materials’ lawsuit against the city of Fernandina Beach granted a joint motion Thursday to pause all activity in the case for 90 days and cancel a hearing that had been scheduled for Jan. 29.

The hearing would have addressed RYAM’s motion to strike the city’s affirmative defenses to its second amended complaint, filed Nov. 21. The pause allows the parties to engage in “good-faith discussions aimed at amicably resolving this matter,” according to the court order.

The lawsuit had escalated following  the city’s Nov. 6 vote to uphold their decision to block construction of a proposed bioethanol facility at RYAM’s Gum Street site. The city determined the project would violate its comprehensive plan and Land Development Code, which prohibit chemical or petroleum manufacturing.

RYAM’s amended complaint includes a claim under the Bert J. Harris Jr. Private Property Rights Protection Act, which allows property owners to seek compensation if government actions allegedly reduce the use or value of their property. The company is seeking $6.6 million.

Franklin Hileman, president of No Ethanol Fernandina. Photo by Kate Kimmel/Nassau NewsLine

No Ethanol Fernandina, a local advocacy group opposing the plant, criticized the pause in a statement.

“Our hopes were that the hearing could have led to the elimination of many of RYAM’s claims, including the Bert Harris Act claim against the city,” the group said, noting that the settlement talks appear to conflict with the City Commission’s Nov. 6 vote to maintain its stance.

If a settlement is not reached during the 90-day pause, the parties must submit a new case management plan within 105 days, according to the judge’s ruling. 

Nassau NewsLine contacted the City manager’s office and was redirected to the City Attorney’s office, who did not respond before deadline. RYAM also did not respond to a request for a statement. 

Nassau NewsLine is following the situation, updates will be posted to NassauNewsLine.net as the story develops. 

kkimmel@nassaunewsline.net

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