Category Archives: Department of Environmental Protecion

06 October 2018: Dam Purchase Update

Now that we own the dam (or will, in a few days) we’ve got a lot to do! One of the first on the list of things to do is starting up the process of transferring the Clary Lake Water … Continue reading

Posted in Association News, Clary Lake Dam, Court Action, Department of Environmental Protecion | 1 Comment

17 September 2018: Bankruptcy Judge to Issue Ruling in Open Court

We’ve all been anxiously awaiting a decision from the Bankruptcy Court on the Clary Lake Association’s efforts to purchase the Clary Lake dam from Paul Kelley’s bankruptcy estate. This morning Judge Fagone announced his intention of issuing an Oral Ruling … Continue reading

Posted in Association News, Clary Lake Dam, Court Action, Department of Environmental Protecion, Personal Bankruptcy | 2 Comments

12 July 2018: Final Sale Motion Hearing Scheduled

The Judge in the Paul A. Kelley Jr. Bankruptcy case has issued an Order and Schedule for oral arguments on the a Final Sale Motion on July 27th, 2018 at 10:00 AM. The hearing will be at the U.S. Bankruptcy … Continue reading

Posted in Clary Lake Dam, Court Action, Department of Environmental Protecion, Medius L3C, Personal Bankruptcy, PPM Bankruptcy | Leave a comment

06 July 2018: Sale Motion and Evidentiary Hearing Audio [UPDATED]

President Malcolm Burson and my wife Margaret and I attended yesterday’s Sale Motion hearing. Other parties in attendance were Butch Duncan, Richard Smith and Paul Kelley, counsel for the Clary Lake Association Randy Creswell, Bankruptcy Trustee Jeffrey T. Piampiano represented … Continue reading

Posted in Clary Lake Dam, Court Action, Department of Environmental Protecion, Medius L3C, Personal Bankruptcy, Video Multimedia | 5 Comments

05 July 2018: No Sale Today, Bankruptcy Case Continued

I had hope to be able to tell everyone today that the U.S. Bankruptcy Court had approved the sale of the Clary Lake dam to the Clary Lake Association, but that announcement is going to have to be postponed for … Continue reading

Posted in Clary Lake Dam, Court Action, Department of Environmental Protecion, Personal Bankruptcy, PPM Bankruptcy, Water Level Order | 2 Comments

28 June 2018: Recent Filings in the Kelley Bankruptcy

There have been some filings in the past few days in the Paul Kelley bankruptcy case including 2 Proof of Claims (Ford Motor Credit and Preti Flaherty), a Request for Notice (from Butch Duncan), and an interesting Supplement in Support of … Continue reading

Posted in Clary Lake Dam, Court Action, Department of Environmental Protecion, Personal Bankruptcy | Leave a comment

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

Posted in Court Action, Department of Environmental Protecion, Personal Bankruptcy | Leave a comment

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

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

Posted in Court Action, Department of Environmental Protecion, Newspaper Article, Superior Court | Leave a comment

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

Posted in Court Action, Department of Environmental Protecion, Superior Court | Leave a comment

14 March 2018 Lincoln County News: DEP’s Court Win Clears Way for Clary Lake Water Level to Return

We haven’t had a Lincoln County News reporter covering Clary Lake since sometime last summer, until now. Reporter Greg Foster has written a great first article on Clary Lake: DEP’s Court Win Clears Way for Clary Lake Water Level to … Continue reading

Posted in Department of Environmental Protecion, Newspaper Article | Leave a comment

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

Posted in Commentary, Court Action, Department of Environmental Protecion, Editorial, Superior Court, Supreme Court | Leave a comment

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

Posted in Court Action, Department of Environmental Protecion, Newspaper Article, Superior Court, Water Level Order | Leave a comment

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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20 November 2017: Thoughts On The Recently Filed State’s Response Brief

Last Wednesday afternoon Assistant Attorney General Scott Boak filed the Department of Environmental Protection’s brief in response to Aquafortis Associates LLC’s brief appealing the Clary Lake Water Level Order [WLO]. AquaFortis Associates LLC [AQF] filed their brief back on October 6th. … Continue reading

Posted in Commentary, Department of Environmental Protecion, Water Level Order | 2 Comments

16 November 2017: State Files Response Brief in Superior Court

Yesterday afternoon, as expected, Assistant Attorney General Scott Boak hand-delivered DEP’s Reply brief to Superior Court, thereby responding to the Rule 80c Brief filed by Aquafortis Associates LLC [AQF] on October 1oth. This much-anticipated brief (40 pages plus 36 pages … Continue reading

Posted in Department of Environmental Protecion, Superior Court, Water Level Order | 3 Comments