Category Archives: Petition News

News about the Clary Lake water level petition

05 October 2016: Clary Lake Water Level Order Appeal Update

Back on September 9th I wrote that a conference with the court had been scheduled for October 4th to address questions of Discovery in the Clary Lake WLO appeal. In fact, Attorneys with the Office of the Attorney General representing DEP … Continue reading

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09 September 2016: AquaFortis Associates Files Objections to DEP Discovery Requests

You may recall back on August 2nd, DEP served Petitioner AquaFortis Associates LLC with their requests for discovery. Then on September 1st AquaFortis Associates filed a consented-to motion regarding various deadlines (see Petitioner Files Consented-To Motion Regarding Deadlines). In that filing … Continue reading

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01 September 2016: Petitioner Files Consented-To Motion Regarding Deadlines

Attorneys for AquaFortis Associates filed a “Motion Regarding Deadlines” in Superior Court on August 29, 2016. This motion seeks a conference with the Court in late September pursuant to the Court’s June 17, 2016 Order. The purpose of the conference will be to resolve … Continue reading

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22 June 2016: Superior Court Update: WLO Appeal Stayed, Procedural Order Issued

The judge handling the appeal of the Clary Lake Water Level Order (AP-2014-01) has issued a Procedural Order based on the results of the Status Conference held back on June 7th. The Order is dated June 17, 2016 which was last Friday. The … Continue reading

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08 June 2016: Update On Superior Court Action

After attorneys with PretiFlatherty representing the dam and mill owners failed to produce a plan to repair the Clary Lake dam by last week’s June 1st deadline, people were concerned that they had come to some agreement with DEP to give them more … Continue reading

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02 May 2016: State Agrees to AQF Request for Stay of Proceedings

Back on April 20th I posted about how Aquafortis Associates LLC (“AQF”) filed yet another Request for Stay of Proceedings in the matter of the ongoing appeal of the Clary Lake Water Level Order (see: “Lawyers for Kelley, Smith file … Continue reading

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20 April 2016: Lawyers for Kelley, Smith file Yet Another Motion For Stay of WLO Appeal

Attorneys for Aquafortis Associates LLC (“AQF”) have filed another Motion For Stay of the WLO appeal until June 1st. The motion was filed on April 14th and states that AQF, Pleasant Pond Mill LLC (“PPM”), and the Department of Environmental Protection have been “cooperatively working to resolve … Continue reading

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29 March 2016: Aquafortis Associates LLC Files Amended Petition in Superior Court

Attorneys for Aquafortis Associates LLC have finally filed an amended petition in the Superior Court appeal of the Clary Lake Water Level Order. You may recall that back on January 25th the Court issued an Order granting the State’s Motion to … Continue reading

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19 February 2016: Update on LD 1566 “An Act Concerning the Establishment of Water Levels”

I am pleased to announce that at a work session held earlier today the Legislature’s Environment & Natural Resource Committee voted unanimously Ought Not To Pass on LD 1566 “An Act Concerning the Establishment of Water Levels.” In it’s place, DEP will add … Continue reading

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

On 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 … Continue reading

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14 February 2016: What’s Happening?

It’s been over 2 weeks since the foreclosure/auction of the Clary Lake dam allegedly took place and we still don’t know who the new owner is, or if a transfer took place at all. Nothing has been recorded in the registry of … Continue reading

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01 February 2016: About that Dam Auction

The anticipated foreclosure and auction of the Clary Lake dam took place Friday morning at 11 AM on the steps of the Lincoln County Court House in Wiscasset. The auctioneer was a man named Gregg Dorr who introduced himself as a retired … Continue reading

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31 January 2016: Clary Lake Shore Owners Rubin & Ayer File Suit in Superior Court

In yesterday’s Central Maine Papers article about the Clary Lake dam auction, reporter Jessica Lowell attempted to convey a sense of the frenetic, escalating pace of recent events surrounding the Clary Lake water level crisis by listing some of what just … Continue reading

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30 January 2016: Superior Court grants State’s Motion to Dismiss

I must apologize, all the hype and hoopla surrounding the recent foreclosure and auction of the Clary Lake dam property has unfairly eclipsed a much more exciting and significant event that I’m only now finding the time to write about: … Continue reading

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30 January 2016 Central Maine Papers: Clary Lake dam auction draws a single bid

My apologies for not posting something before this about yesterday’s auction of the Clary Lake dam, but I’ve been a little busy. I know there’s a lot of interest in who showed up and what happened. To start, there is an … Continue reading

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20 January 2016 Lincoln County News: Clary Lake Dam Up for Auction

There’s a well-written, factual article in this week’s Lincoln County News by staff reporter Abigail Adams about the upcoming foreclosure and auction of the Clary Lake dam. Lincoln County News: Clary Lake Dam Up for Auction See related article from … Continue reading

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20 January 2016: Clary Lake Association withdraws from settlement discussions

As many of you know, the Clary Lake Association has been in settlement discussions with Paul Kelley to buy the Clary Lake dam for some time now in the hopes that we could end this lake level crisis that is now heading into its 5th … Continue reading

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27 December 2015: Lake Level now where it should be this time of year

Sometime late on Christmas day the lake level, which has been gradually rising for the past few weeks, finally rose above -24″ below the top of the dam. This marks the first time since the Clary Lake Water Level Order was … Continue reading

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29 October 2015: Water Level Order Enforcement: Where to from here?

I’ve received a lot of inquiries about the September 28th Notice of Violation (NOV) and the recently issued letter from the DEP  denying the dam owner’s request for a stay of enforcement, with everyone mostly wanting to know what’s next? Where does … Continue reading

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23 October 2015: DEP denies PPM, AQF request to stay enforcement action

In a 5 page letter issued just yesterday, the Department of Environmental Protection has denied the request by PretiFlaherty lawyers that they stay their enforcement action. The request for the stay was made in response to the recently issued Notice of Violation (EIS #2015-006-L) and was made … Continue reading

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