Piscataqua River border dispute
Encyclopedia
The Piscataqua River border dispute was a dispute between the US
states
of Maine
and New Hampshire
over ownership of Seavey’s Island in the Piscataqua River
, which forms the border between Maine and New Hampshire. The dispute was settled in 2002 by the US Supreme Court
.
and the city of Portsmouth, New Hampshire
. The island was originally five separate islands which were conjoined between 1800 and 1866 in order to build a naval shipyard. The State of Maine asserts that the boundary between the states runs along the middle of the river to the south of Seavey’s Island, which places the island within Maine. The State of New Hampshire asserts a historical claim to ownership of the river up to the shoreline on the Maine side, which would place the island within New Hampshire.
The United States government owns the island, which is the site of the Portsmouth Naval Shipyard
. For many years the US Navy
regarded the shipyard as belonging to New Hampshire (whence the name Portsmouth Naval Shipyard after the city of Portsmouth, New Hampshire). Later the Navy adopted a neutral position in the dispute.
The political importance of the dispute is based on an income tax
imposed on workers at the shipyard, many of whom live in New Hampshire and commute to work in the shipyard in Maine. New Hampshire contends that since the workers live in New Hampshire, paying taxes to Maine amounts to “taxation without representation.” Maine receives an estimated $4–6 million per year in taxes from the shipyard workers.
(2001)). According to the US Constitution
, the Supreme Court has original jurisdiction
in cases “in which a State shall be a Party”.
In 1977, New Hampshire had sued Maine (see New Hampshire v. Maine
) over lobster fishing rights in the littoral
waters off the Piscataqua River. In that case the Supreme Court entered a consent degree between the states, in which they agreed that the “middle of the river” was defined as “the middle of the main channel of navigation of the Piscataqua River.” The settlement was based on a 1740 decree by King George II
, defining the border between the states as the middle of the main navigation channel. The 1977 case, however, was concerned only with the “lateral marine boundary” (littoral waters) between the mouth of the river and the Isles of Shoals
, and did not strictly address the inland boundaries between the states.
Maine responded to the 2001 suit with a request to dismiss based on the principle of res judicata
, arguing that the 1740 decision and the outcome of the 1977 case barred New Hampshire from filing another border complaint. Thus the question to be decided in this (2001) case was: Did New Hampshire’s 1977 suit against Maine, and its outcome, bar New Hampshire from this further action?
The case was dismissed on procedural grounds rather than being decided based on the arguments. On May 29, 2001, Justice Ruth Bader Ginsburg
delivered the 8–0* decision of the Court, which held that "judicial estoppel
bars New Hampshire from asserting that the Piscataqua River boundary runs along the Maine shore." Under the judicial estoppel doctrine, “Where a party assumes a certain position in a legal proceeding, and succeeds in maintaining that position, he may not thereafter, simply because his interests have changed, assume a contrary position, especially if it be to the prejudice of the party who has acquiesced in the position formerly taken by him...” Put simply: Since New Hampshire had agreed in 1977 that the border runs along the middle of the river, New Hampshire may not now claim that the border runs along the Maine riverbank. Wrote Justice Ginsburg: “New Hampshire’s claim that the Piscataqua River boundary runs along the Maine shore is clearly inconsistent with its interpretation of the words ‘Middle of the River’ during the 1970s litigation.”
New Hampshire appealed the dismissal and requested the Court to reconsider its dismissal, but the Court denied the motion reconsider.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
states
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
of Maine
Maine
Maine is a state in the New England region of the northeastern United States, bordered by the Atlantic Ocean to the east and south, New Hampshire to the west, and the Canadian provinces of Quebec to the northwest and New Brunswick to the northeast. Maine is both the northernmost and easternmost...
and New Hampshire
New Hampshire
New Hampshire is a state in the New England region of the northeastern United States of America. The state was named after the southern English county of Hampshire. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Atlantic Ocean to the east, and the Canadian...
over ownership of Seavey’s Island in the Piscataqua River
Piscataqua River
The Piscataqua River, in the northeastern United States, is a long tidal estuary formed by the confluence of the Salmon Falls and Cocheco rivers...
, which forms the border between Maine and New Hampshire. The dispute was settled in 2002 by the US Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
.
Background
Seavey’s Island lies in the northern side of the Piscataqua River, between the town of Kittery, MaineKittery, Maine
Kittery is a town in York County, Maine, United States. The population was 9,543 at the 2000 census. Home to the Portsmouth Naval Shipyard on Seavey's Island, Kittery includes Badger's Island, the seaside district of Kittery Point, and part of the Isles of Shoals...
and the city of Portsmouth, New Hampshire
Portsmouth, New Hampshire
Portsmouth is a city in Rockingham County, New Hampshire in the United States. It is the largest city but only the fourth-largest community in the county, with a population of 21,233 at the 2010 census...
. The island was originally five separate islands which were conjoined between 1800 and 1866 in order to build a naval shipyard. The State of Maine asserts that the boundary between the states runs along the middle of the river to the south of Seavey’s Island, which places the island within Maine. The State of New Hampshire asserts a historical claim to ownership of the river up to the shoreline on the Maine side, which would place the island within New Hampshire.
The United States government owns the island, which is the site of the Portsmouth Naval Shipyard
Portsmouth Naval Shipyard
The Portsmouth Naval Shipyard , often called the Portsmouth Navy Yard, is a United States Navy shipyard located in Kittery on the southern boundary of Maine near the city of Portsmouth, New Hampshire. It is used for remodeling and repairing the Navy's ships...
. For many years the US Navy
United States Navy
The United States Navy is the naval warfare service branch of the United States Armed Forces and one of the seven uniformed services of the United States. The U.S. Navy is the largest in the world; its battle fleet tonnage is greater than that of the next 13 largest navies combined. The U.S...
regarded the shipyard as belonging to New Hampshire (whence the name Portsmouth Naval Shipyard after the city of Portsmouth, New Hampshire). Later the Navy adopted a neutral position in the dispute.
The political importance of the dispute is based on an income tax
Income tax
An income tax is a tax levied on the income of individuals or businesses . Various income tax systems exist, with varying degrees of tax incidence. Income taxation can be progressive, proportional, or regressive. When the tax is levied on the income of companies, it is often called a corporate...
imposed on workers at the shipyard, many of whom live in New Hampshire and commute to work in the shipyard in Maine. New Hampshire contends that since the workers live in New Hampshire, paying taxes to Maine amounts to “taxation without representation.” Maine receives an estimated $4–6 million per year in taxes from the shipyard workers.
Supreme Court case
In March 2000 New Hampshire filed a lawsuit in the Supreme Court against Maine, claiming ownership of the island. The case was docketed as New Hampshire v. Maine, No. 130 Original (532 U.S. 742Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(2001)). According to the US Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, the Supreme Court has original jurisdiction
Original jurisdiction
The original jurisdiction of a court is the power to hear a case for the first time, as opposed to appellate jurisdiction, when a court has the power to review a lower court's decision.-France:...
in cases “in which a State shall be a Party”.
In 1977, New Hampshire had sued Maine (see New Hampshire v. Maine
New Hampshire v. Maine
New Hampshire v. Maine, 426 U.S. 363 , was a case in which the Supreme Court of the United States held that the boundary between the states of New Hampshire and Maine was fixed by the 1740 decree of King George II of Great Britain. Both sides entered into a consent decree which was accepted the...
) over lobster fishing rights in the littoral
Littoral
The littoral zone is that part of a sea, lake or river that is close to the shore. In coastal environments the littoral zone extends from the high water mark, which is rarely inundated, to shoreline areas that are permanently submerged. It always includes this intertidal zone and is often used to...
waters off the Piscataqua River. In that case the Supreme Court entered a consent degree between the states, in which they agreed that the “middle of the river” was defined as “the middle of the main channel of navigation of the Piscataqua River.” The settlement was based on a 1740 decree by King George II
George II of Great Britain
George II was King of Great Britain and Ireland, Duke of Brunswick-Lüneburg and Archtreasurer and Prince-elector of the Holy Roman Empire from 11 June 1727 until his death.George was the last British monarch born outside Great Britain. He was born and brought up in Northern Germany...
, defining the border between the states as the middle of the main navigation channel. The 1977 case, however, was concerned only with the “lateral marine boundary” (littoral waters) between the mouth of the river and the Isles of Shoals
Isles of Shoals
The Isles of Shoals are a group of small islands and tidal ledges situated approximately off the east coast of the United States, straddling the border of the states of New Hampshire and Maine.- History :...
, and did not strictly address the inland boundaries between the states.
Maine responded to the 2001 suit with a request to dismiss based on the principle of res judicata
Res judicata
Res judicata or res iudicata , also known as claim preclusion, is the Latin term for "a matter [already] judged", and may refer to two concepts: in both civil law and common law legal systems, a case in which there has been a final judgment and is no longer subject to appeal; and the legal doctrine...
, arguing that the 1740 decision and the outcome of the 1977 case barred New Hampshire from filing another border complaint. Thus the question to be decided in this (2001) case was: Did New Hampshire’s 1977 suit against Maine, and its outcome, bar New Hampshire from this further action?
The case was dismissed on procedural grounds rather than being decided based on the arguments. On May 29, 2001, Justice Ruth Bader Ginsburg
Ruth Bader Ginsburg
Ruth Joan Bader Ginsburg is an Associate Justice of the Supreme Court of the United States. Ginsburg was appointed by President Bill Clinton and took the oath of office on August 10, 1993. She is the second female justice and the first Jewish female justice.She is generally viewed as belonging to...
delivered the 8–0* decision of the Court, which held that "judicial estoppel
Estoppel
Estoppel in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative...
bars New Hampshire from asserting that the Piscataqua River boundary runs along the Maine shore." Under the judicial estoppel doctrine, “Where a party assumes a certain position in a legal proceeding, and succeeds in maintaining that position, he may not thereafter, simply because his interests have changed, assume a contrary position, especially if it be to the prejudice of the party who has acquiesced in the position formerly taken by him...” Put simply: Since New Hampshire had agreed in 1977 that the border runs along the middle of the river, New Hampshire may not now claim that the border runs along the Maine riverbank. Wrote Justice Ginsburg: “New Hampshire’s claim that the Piscataqua River boundary runs along the Maine shore is clearly inconsistent with its interpretation of the words ‘Middle of the River’ during the 1970s litigation.”
* Justice Souter recusedRecusalJudicial disqualification, also referred to as recusal, refers to the act of abstaining from participation in an official action such as a legal proceeding due to a conflict of interest of the presiding court official or administrative officer. Applicable statutes or canons of ethics may provide...
himself from the decision, most likely because he had been the Attorney General of New HampshireNew Hampshire Attorney GeneralThe New Hampshire Attorney General is a constitutional officer of the U.S. state of New Hampshire who serves as head of the Department of Justice...
and later an associate justice of the New Hampshire Supreme CourtNew Hampshire Supreme CourtThe New Hampshire Supreme Court is the supreme court of the U. S. state of New Hampshire and sole appellate court of the state. The Supreme Court is seated in the state capital, Concord. The Court is composed of a Chief Justice and four Associate Justices appointed by the Governor and Executive...
in the 1970s and 1980s. Justices are not required to disclose their reasons for recusal.
New Hampshire appealed the dismissal and requested the Court to reconsider its dismissal, but the Court denied the motion reconsider.
See also
- New Hampshire Revised Statutes AnnotatedNH RSA Title ITitle I: The State and Its Government, is the collection of New Hampshire Revised Statutes Annotated which relate to the state's government as a whole...
regarding New Hampshire’s borders with Maine and other states