Category Archives: Court Action

24 June 2018: Update on Clary Lake Dam Purchase Initiative

Late last week we sent a letter out to our membership with an update on the Clary Lake dam purchase effort explaining where we are, what’s up ahead, and what to expect. We also sent the letter out by email … Continue reading

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June 7, 2018 Bankruptcy Court Hearing Audio

At the U.S. Bankruptcy Court hearing held yesterday afternoon in Portland, Judge Michael A. Fagone denied the Trustee’s Motion for Substantive Consolidation but approved the bid procedures and scheduled dates for the auction and the Sale Motion hearing. Sale Objections … Continue reading

Posted in Court Action, News, Personal Bankruptcy, PPM Bankruptcy, Video Multimedia | 1 Comment

07 June 2018: Smith & Aquafortis File Objections in Bankruptcy Court

Yesterday afternoon Richard Smith and Aquafortis Associates LLC [AQF] together filed objections to the the sale motion and motion for substantive consolidation filed by the Bankruptcy Trustee in the Paul A. Kelley Jr. Bankruptcy proceeding back on May 22nd. The … Continue reading

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02 June 2018: More Filings in the Bankruptcy Sale Proceeding

There were two filings made Friday June 1st in the Bankruptcy Sale proceeding by J. Scott Logan Esq, counsel for Debtor Paul Kelley. The first filing, document #30, is an objection to the Motion to Sell and doesn’t contain any … Continue reading

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31 May 2018 Bankruptcy Court Update: State Files Response in Support of Trustee’s Motions

Representing the Maine Department of Environmental Protection, Assistant Attorney General Kevin Crosman, Esq. has filed a brief with the U.S. Bankruptcy Court in response to motions filed last week by Bankruptcy Trustee Jeffrey Piampiano, Esq. The State fully supports the … Continue reading

Posted in Court Action, Department of Environmental Protecion, Personal Bankruptcy | 2 Comments

25 May 2018: Motion to Sell Filed in Bankruptcy Court

And we’re off! On May 22nd after weeks of preparation, Bankruptcy Trustee Jeffrey T. Piampiano, Esq. has finally filed with the United States Bankruptcy Court a Motion to Sell the Clary Lake dam to the Clary Lake Association. The Trustee … Continue reading

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20 March 2018 Central Maine Papers: Clary Lake residents await enforcement of water level order

There is an article in today’s Central Maine Papers (Kennebec Journal, Morning Sentinel) about the recent Superior Court ruling by staff writer Jessica Lowell: Clary Lake residents await enforcement of water level order following years of dispute Love all the … Continue reading

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20 March 2018: The Clary Lake Water Level Order Stands

It’s been 3 weeks since the recent Superior Court ruling affirming the Clary Lake Water Level Order, and Aquafortis Associates LLC has apparently decided not to challenge it. I just spoke to the Lincoln County Superior Court Clerk who confirmed that … Continue reading

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05 March 2018: What’s Next for the Water Level Order?

In light of the recent Superior Court decision affirming the Clary Lake Water Level Order [WLO], people are quite justified in asking “What’s next?” regarding the DEP taking enforcement action. The Water Level Order after all was issued over 4 … Continue reading

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27 February 2018: CLARY LAKE WATER LEVEL ORDER UPHELD

Finally! After 4 long years of legal wrangling, yesterday Justice Billings issued his Decision and Order in the matter of Aquafortis Associates LLC [AQF] vs Maine Department of Environmental Protection, denying AQF’s Rule 80C appeal and fully AFFIRMING the Clary … Continue reading

Posted in Court Action, Department of Environmental Protecion, Superior Court, Water Level Order | 7 Comments

08 February 2018 Centralmaine.com: Clary Lake Dam water level order appeal heard in Wiscasset court

Clary Lake Dam water level order appeal heard in Wiscasset court Here’s an archived PDF copy if for some reason you can’t get the on line article. Clary Lake Dam water level order appeal heard in Wiscasset court

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07 February 2018: Update on the Clary Lake Water Level Order Appeal

I attended the hearing for oral arguments on the Clary Lake water level order appeal yesterday in Lincoln County Superior Court (case AP 2014-1, Aquafortis Associates LLC [AQF] v. Maine Department of Environmental Protection [DEP or Department]). I was accompanied … Continue reading

Posted in Court Action, Department of Environmental Protecion, Superior Court, Water Level Order | 2 Comments

05 February 2018 Reminder: WLO Appeal Hearing for Oral Arguments Tomorrow, February 6th

A quick reminder that a hearing for oral arguments in the Clary Lake Water Level Order Appeal is scheduled for tomorrow, Tuesday February 6th at 1:30 PM at the Lincoln County Courthouse in Wiscasset. The hearing is expected to last … Continue reading

Posted in Association News, Court Action, Department of Environmental Protecion, Superior Court, Water Level Order | 2 Comments

11 January 2018: Water Level Order Appeal Update

A hearing for oral arguments has been scheduled in Lincoln County Superior Court for Tuesday, February 6, 2018 at 1:30 PM. The hearing is expected to last approximately 1 hour. The purpose of the hearing is to provide an opportunity … Continue reading

Posted in Court Action, Department of Environmental Protecion, Superior Court, Water Level Order | 2 Comments

05 December 2017: Aquafortis Associates Replies to State’s Brief

On Monday December 4th, counsel for Aquafortis Associates LLC [AQF] filed their reply to the State’s brief which the State filed with the Court on November 15th. This latest filing brings the briefing schedule of the Clary Lake Water Level … Continue reading

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10 October 2017: Aquafortis Associates Rule 80C Brief Filed

After three and a half years of countless delays and numerous stays, the Clary Lake Water Level Order appeal is finally getting down to business. Late last Friday counsel for Aquafortis Associates LLC (AQF) hand delivered their 40+ page brief … Continue reading

Posted in Court Action, Department of Environmental Protecion, Superior Court, Water Level Order | 1 Comment

26 September 2017: WLO Appeal Briefing Schedule Revised

The briefing schedule for upcoming filings in the Clary Lake Water Level Order Appeal that was included in the August 15th Court Order (see “Clary Lake Water Level Order Appeal Update“) has been revised by the Court in response to a motion … Continue reading

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22 August 2017: Clary Lake Water Level Order Appeal Update

At long last, 3 Orders which we’ve been patiently waiting for since the hearing on April 25, 2017 have finally been issued by Lincoln County Superior Court Judge Daniel Billings. The first Order was a Joint motion for Extension of … Continue reading

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10 May 2017 Lincoln County News: Despite Bankruptcy, Clary Lake Dam Situation ‘Status Quo’

Lincoln County News staff writer Abigail Adams attended the May 1st bankruptcy meeting of creditors and has written an article about it appearing in this week’s Lincoln County News. It’s a good, factual article but like the recent article in … Continue reading

Posted in Court Action, Medius L3C, News, Newspaper Article, PPM Bankruptcy, Rubin/Ayer Lawsuit, Superior Court | Leave a comment

18 April 2017: Spring Musings and a Look Ahead

I try to keep this news forum factual and informative and not all that speculative. From time to time however I am compelled to offer up some commentary on what has been happening, where we are and where it looks … Continue reading

Posted in Commentary, Court Action, Department of Environmental Protecion, Editorial, Fund Raising, Lake Environment, Local Events, Momentum Committee, News, Rubin/Ayer Lawsuit, Technical Lake Stuff, Town/Community, Water Level Order, Wildlife | 2 Comments