Welcome to the Clary Lake Association News and Discussion page. Learn to use the Search feature (located at the top of the sidebar). For the most up to date Water Level Petition News I suggest you use Post Categories list box always on the right sidebar and select Petition News. Alternatively you can peruse the Lake Level Petition News page which is updated somewhat infrequently. You do NOT have to be logged in to leave a comment. See our User Policy and other information under the Site Help menu. When in doubt, contact me.
On behalf of the Clary Lake Association Board I’d like to wish you all a very Happy Thanksgiving. Enjoy family and friends, don’t overeat, don’t drink and drive, and most important, DON’T TALK POLITICS 🙂
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. Since posting the State’s brief last week, quite a few people have viewed and/or downloaded it. I’ve read through the brief twice now, the first time quickly to get a feel for it, and then again more carefully, taking the time to read the foot notes, review unfamiliar citations and check the exhibits, most of which I was already familiar with. For me, it was a trip down memory lane and I found it to be clear, well-written, and easy to follow certainly not what I’d call “hard reading” by any means. Your mileage may vary, but a number of people have commented to me that they found the brief easy to follow and helpful in understanding everything that has gone on over the last 6 years since the Clary Lake water level petition was filed in early January 2012. I believe Assistant Attorney General Scott Boak did an outstanding job of defending the WLO, clearly demonstrating a solid grasp of ALL ASPECTS of this very complicated case. I look forward to the hearing when both sides of the case get to present their arguments which I expect to take place early next year. Continue reading
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 of supporting documents) represents the State’s one opportunity to present written arguments to the Court supporting the Clary Lake Water Level Order and Attorney Boak has done an outstanding job of making the State’s case. If you’ve been following the Clary Lake water level saga at all closely, you’re really going to enjoy reading it. For me, it was a trip down memory lane. Granted, parts of it are a little difficult to get through but for the most part I found the brief easy to read, absolutely fascinating, and a joy to read:
As with the Rule 80C Brief filed by AQF, the State’s Brief includes numerous references to documents in the State’s Administrative Record (numbered 1 through 264). If you want to track down any given AR document to see what it says, you’ll find it in the following directory which includes an index file 000-Index.pdf so you can tell what’s what.
Next up: According to the Court’s briefing schedule, AQF will need to file their reply brief by December 4th. The Judge will then schedule a hearing for the parties to present their arguments, probably sometime after the first of the year.
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 dated October 17, 2017. The Commissioner said that the Department had previously attempted to address violations of the Clary Lake water level order through the negotiation of a consent agreement but was unable to reach agreement with the owner of the dam. The Department now awaits the decision of the Court. While the Department response did not come as a huge surprise, we are nonetheless disappointed that they have chosen not to take further action at this time.
Here’s the letter:
My apologies for not posting this sooner. Life happened.
If Kelley’s filing for personal bankruptcy protection came as a surprise the other day, I was shocked to discover during a routine check of the Knox County Registry of Deeds that his home is in the process of being foreclosed: ARVEST Central Mortgage Company of Arkansas, the current owner of the mortgage on Paul Kelley’s home at 171 Molyneaux Road in Camden, has initiated foreclosure proceedings in Knox County District Court. The company filed their original Complaint for Foreclosure with the Court back in August and an amended Complaint on September 25th, and recorded a notice in the Knox County Registry of Deeds on November 2nd, just one day after Kelley filed for chapter 7 bankruptcy:
I’m somewhat at a loss as to what to say about this latest development. Granted, he hasn’t lost his house yet, but by the time it reaches this stage of the game, foreclosure is almost guaranteed. I have always only wanted Kelley to fix the dam and comply with the Clary Lake Water Level Order, or transfer the dam to the Clary Lake Association and let us take care of it. Whatever. I didn’t expect Paul Kelley to lose his house in the process and while I am sorry it has come to this, I guess I’m not surprised, and I’m not going to lose any sleep over it: he has brought this on himself. His relentless, single-minded pursuit of a spiteful, futile vendetta against Clary Lake has only succeeded in creating a shambles of his life. Somehow I don’t think Paul Kelley expected things to turn out this way; the only thing that surprises me is how he ever thought it could turn out any other way.
Paul A. Kelley Jr., principal of the now-defunct Pleasant Pond Mill LLC and presumed owner of the Clary Lake dam has filed for Chapter 7 Bankruptcy. This bankruptcy filing is not to be confused with the Pleasant Pond Mill LLC chapter 7 bankruptcy filing last spring. Now Kelley is filing for personal bankruptcy and as such, it’s a real eye-opener: it lists total assets of $283,953.00 (most of which is his house and property in Camden) vs. total secured and unsecured liabilities of $2,097,379.00 (that’s two million, ninety seven thousand, three hundred and seventy nine dollars) of debt including $494,186.00 of money owed to Preti Flaherty which is separate from the $335,000.00 that PPM owes to Preti Flaherty. This brings total legal fees for Kelley and PPM to $829,176.00. Woof.
Things are pretty bleak on the income side of things too with Mr. Kelley (who claims his job is landlord) claiming a monthly income of only $1500 to cover $3,731.00 of monthly expenses. Oh my. He lists 18 creditors (people/entities he owes money to) including DEP, Arthur Enos, Equinox Collection Services, Ford Motor Credit, Medius L3C, and Richard L. Smith. Without further adieu:
The first Meeting of Creditors is going to be November 28, 2017 at 10:00 AM at the Augusta Armory. The bankruptcy trustee is Jeffrey T. Piampiano.
Stay tuned 🙂
Lost canoe, washed up on David Hodsdon’s shoreline.
David Hodsdon emailed me a photograph of a canoe this morning that washed up on his shoreline. The lake has risen about 15″ as a result of heavy rains and this canoe floated off. If it’s your boat, come get it.
There was considerable damage to several properties around the lake as a result of the intense wind storm that blew through early last Monday morning. Of particular note, Gordon Frizzell’s house was virtually cut in half by a large pine tree that landed on it’s roof. I’ll post photographs when I get a chance.