Whitney wins first round of lawsuit

Whitney wins first round of lawsuit


MACHIAS, Maine — A preliminary injunction sought by Worcester Holdings LLC, a wreath maker from Columbia, against Whitney Originals, a Machias wreath maker, was denied Friday by Justice Kevin Cuddy in Hancock County Superior Court.

The injunction is part of a lawsuit filed this summer by Worcester against Whitney regarding a right of way in Whitneyville.

“We are so pleased with this finding,” David Whitney, owner of Whitney Originals, said early Friday evening.

The injunctive relief that Worcester was seeking included removal of a new warehouse Whitney is building on U.S. Route 1 near the Machias town line in Whitneyville. The preliminary injunction would have stopped Whitney from using his under-construction facility.

The suit put a hold on construction of the controversial wreath-making facility and caused Whitney to lease three other buildings during the peak of wreath season.

The court will convene a meeting of the attorneys next Friday “to see what, if anything, is left of the lawsuit,” Whitney said

Earlier this year, Whitney Originals was awarded the contract for all wreaths and balsam products for L.L. Bean — a contract previously held by Worcester — and to accommodate the increased orders, David Whitney began construction of the new facility.

Worcester Holdings LLC of Columbia maintains that it owns property behind Whitney’s and that its right of way runs directly under Whitney’s new building.

In a civil lawsuit filed in Washington County Superior Court in July, Worcester Holdings asked that the building be removed and damages paid for violation of the easement and trespass.

“We own the piece of land in back there,” Morrill Worcester said at the time. “It will eventually be used as tip land.” Tips are the part of the evergreens used for wreath making.

“The problem is there is a great big swamp in the middle of the land and the only way we can access it is through our right of way,” Worcester said.

In court filings, Worcester maintained the right of way was on his deed and Whitney said it was not on his.

Whitney already has housed his operations in nine Washington County facilities and leased three spaces — the former Rite Aid in Machias, a building in Baileyville and another in Presque Isle — to offset the loss of space from the new facility.

Worcester could not be reached for comment Friday.

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Comments
14 comments on this item

he should just clear cut a path in. just like he's done all over columbia ,columbia falls and jonesboro. how many places does he need to make a mess of to grow tips when he has no contract?

Talk about sour grapes Mr Worcester hasn't learned that you don't loose cortacts by providing good service and the best price. It seem apparent that the great talent he has is coming to an end. You can't keep putting the screws to people without it catching up to you. Maybe he should move to New York City.

LL Bean looked for the lowest price, not quality, and next year will be looking to Canada for wreaths I bet for the same reasons.

90 % of LL bean garments are from overseas as they are the not the same "made in maine" company but do like to portray themselves.

Believe me many long time employees from Bean will tell you they are treated like second class citizens now. So they tossed out Maine suppliers while getting to use the "Maine Brand".

Mr. Worcester hasn't not learned a thing about how to treat people or others. He does that that reward in heaven is given to those that try to build a name for themselves, the more free wreaths to the national cemetary the better name for him - nothing is free, he receives funds and a massive write off with the IRS. There are always questions about his payment of invoices, using proper workers (papered and legal), and he is well know for cutting over the line and not paying stumpage fees. Ever try to collect, it just run around from one business to another and then passes it off to his son or wife. It would be best if he retired and went to another state - Worcester is not a regular Maine Person, nor is he the type of person we want to be known from Maine. Someday maybe he will pratice what he trys to preach and pay those that he owes. We are still waiting.

worcester , passed off canadas wreaths as maines and put them on our service mens and womens graves for pete sake, and soaked up all the attention that surgested he was doing a wonderful thing, well it would of been a wonderful thing, if they all came from maine like he said they did, but he got caught!!!! OH THE SHAME HUH MR, WORCESTER!!! good job whitney, seems as though you know your workers make the xmas, and you treat them accordingly.

Actually noreasternelly, You must not know David Whitney very well because he is as bad if not worse than Worcester ! Where do you think his wreaths come from?? The line people are told to take off the yellow tags with the red maple leaf, and I know that for a fact. At least Worcester is out in the open and up front so you know where you stand. Whitney is not a nice or trustworthy person even though he like to appear that he is.

unfortunatetly there are a lot of companies in maine who buy the canadian wreaths and pass them off as maine made and it catches up with them eventually, i am fortunate enough to work for a company that is not afraid to pay to have his wreaths made here in maine. GREED is the only word described for the companies that want to make thousands of dollars and don't care how they do it so they settle for less of a product which is what they recieve from canada so it doesn't take too much of their profit but in the long run they are only hurting themselves because they lose the big contracts pulling this sort of scam.

I am lower then thou, I am the scum that washes by your feet. The still mud puddle that longs to be disturbed by your honorable boot.

Let me say this. I think Morrill is a big baby with enough money to throw around and I think he is a sore looser. -- TOO BAD SO SAD -- Thats business.

and like surfer said, Morrill makes a friggin mess all over the area cutting whereever he so damn pleases. Find another way in.. I'm sick of seeing the clear cutting messes you make. Good think I'm just a puddle.

As far as David goes, I bumped into him in the Mex Resturant in Ellsworth, I said hello and tried to talk with him but I guess I was that little mud puddle.

He spoke quickly and got out of my presence as fast as he could. He isn't very personable. Little did he remember but I worked for him years ago and figured a nice hello, how ya been would of at least been expected. I hope everyone stops buying wreathes and blueberries all together.

In reference to Canada wreaths finished in the US, the country of origin becomes US per Customs regulations:

§ 102.19 NAFTA preference override. (a) Except in the case of goods covered by paragraph (b) of this section, if

a good which is originating within the meaning of § 181.1(q) of this chapter is not determined under § 102.11(a) or (b)

or § 102.21 to be a good of a single NAFTA country, the country of origin of such good is the last NAFTA country

in which that good underwent production

What this means in a nutshell, taking a Canada made wreath (Canada is a NAFTA country), and then doing further processing

in the US (the US is a NAFTA country), makes the country of origin US. So there does not have to be a CANADA tag nor marking

on the wreath, box, etc... I''ve seen this argument here in the comments over and over, and sadly this practice is legal.

Who really cares where the wreath was made as long as it is of the same quality as the rest being sold.

Arrogance seems to be a requirement of employers now that there is no longer a middle class in what had been the USA. NAFTA wreaths? Might as well be NASCAR wreaths.

I get such a kick out of these and other comments!!! I worked for Whitneys for years. Got a pizza & a massage one year. Most don't give ya crap!

He is not perfect, no one is....at least he trys.

One lady who posts alot, I know went to collage, can't even spell always....makes you wonder what has happened to our education system. I'd be more worried about things like that, then who is doing what to impress who!!

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