Category Archives: Water Level Order

27 July 2018: Final Sale Motion Hearing Audio, No Ruling Yet

Oral arguments of the Final Sale Motion hearing took place today before U.S. Bankruptcy Court Judge Michael Fagone. Trustee Jeffrey Piampiano was represented by attorney Kaitlyn Husar, the Clary Lake Association [CLA] was ably represented by attorney Randy Creswell, and Richard Smith and Aquafortis Associates LLC [AQF] were represented by attorney Louis Carrillo. Continue reading

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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

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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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

13 November 2017: DEP Responds to Clary Lake Association Petition

Back on August 21st we filed a petition with DEP requesting they take enforcement action on the Clary Lake Water Level Order [WLO].  We finally received a response from DEP Commissioner Paul Mercer by way of a letter from him … Continue reading

Posted in Department of Environmental Protecion, Water Level Order | 5 Comments

21 October 2017: Update on Clary Lake Water Level Order Appeal

Back on October 10th I posted Aquafortis Associates LLC’s [AQF] Rule 80C Brief and at the time I said I hadn’t read it but that I would shortly and would post my thoughts “at a later date.” I know some of you … 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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27 August 2017 Centralmaine.com: Whitefield and Jefferson residents list frustrations in petition to DEP

There is an article in today’s Centralmaine.com papers  by staff writer Jessica Lowell about the Petition we submitted to DEP last week. The article is in the Kennebec Journal, the Morning Sentinel, and was also picked up by the Portland … Continue reading

Posted in Clary Lake Dam, Department of Environmental Protecion, News, Newspaper Article, Water Level Order | 2 Comments

23 August 2017 Lincoln County News: Petition Calls on DEP to Enforce Clary Lake Water-Level Order

There’s an article in this week’s Lincoln County News by Staff Reporter Abigail Adams about the Petition we filed with DEP on Monday, August 21st. It’s a detailed and timely writeup. Ms. Adams includes a comment from David Madore, DEP … Continue reading

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22 August 2017: CLA Petition to DEP Submitted

I want to thank EVERYONE who signed our petition to DEP and to let everyone know that the Petition which the Board introduced at the Clary Lake Association Annual meeting on August 12th, along with over 350 signatures collected both … 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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Annual Meeting Reminder

The Annual Meeting of the Clary Lake Association is next Saturday, August 12th at 2:00 PM. The meeting is to be held at the home of Erin Grimshaw and Christina Bishop located at 739 Gardiner Road in Jefferson. Erin and Christina … Continue reading

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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