Category Archives: Superior Court

15 March 2019 Central Maine Papers: Whitefield lakeside property owners not entitled to monetary damages over low water, court rules

Central Maine Papers staff reporter Jessica Lowell has written an article about the Rubin v. Smith lawsuit. Lake side property owners not entitled to monetary damages over low water Here’s a link to an archived copy if you have trouble … Continue reading

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03 March 2019: Judge Rules In Rubin Lawsuit In Favor of Smith

On February 22, 2019, Justice Billings finally ruled in the Rubin/Ayer v. Smith/Aquafortis Associates [AQF] lawsuit, finding in favor of Richard Smith. At the start of the litigation back in January 2016 (see Clary Lake Shore Owners Rubin & Ayer … Continue reading

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26 December 2018: Update on Rubin v. Smith Lawsuit

The lawsuit that CLA members Robert Rubin and his wife Cheryl Ayer brought against Richard Smith, Aquafortis Associates LLC, Paul Kelley, and Pleasant Pond Mill LLC back in January 2016, finally, after numerous delays and stays, went to trial on … 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

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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