17 February 2016: PPM Appeals Superior Court Ruling on Motion to Dismiss

[dropcap]On[/dropcap] Tuesday PretiFlatherty attorneys filed in Superior Court an appeal of the Order issued by the Court back on January 25th approving the State’s Motion to Dismiss (see: “Superior Court grants State’s Motion to Dismiss“). The granting of the State’s Motion resulted in Pleasant Pond Mill LLC being removed from the proceedings. The granting of the State’s motion also made moot the Petitioner’s pending motion to amend their petition. The Court gave lawyers for Aquafortis Associates LLC 21 days to file a new, amended petition. That deadline was last Monday which turned out to be a holiday, so the filing was made yesterday. I picked up a copy this morning.

I am not surprised that they have decided to challenge the lower Court’s decision by appealing it to the Maine Supreme Court, and I expect they intend to appeal every unfavorable ruling that the Court hands down in this case. Classic delay tactics. This how the game is played. What will be telling is how quickly the Court acts on this. At least the filing is mercifully short:

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