SEARSPORT — A judge has dismissed a lawsuit from a group trying to stop the state of Maine from developing Sears Island in Penobscot Bay into a container port.

The lawsuit said the plan would cause irreparable damage to the state-owned island.

WCSH-TV reports Justice Jeffrey Helm stated that there was no basis for the lawsuit because there was no developer and no plan yet to build.

Gov. John Baldacci signed an executive order for the development of the island last January, calling for 601 acres to be set aside for conservation and 330 acres for a container port. Supporters say the port will create jobs. Transportation Commissioner David Cole says the only thing slowing down plans to develop the island is the economy, which he expects will turn around.