13 October 2018: We Own The Dam!

We Own The Dam!

I’ve been waiting to say that for more than 7 years. Many thanks to everyone who helped make this possible! In particular, I’d like to thank the Clary Lake Association Board who has worked tirelessly with me over the years to get us where we are today. I’d also like to thank our Membership, past and present, and everyone else on or around Clary Lake who has contributed their time and money to bringing this about. We couldn’t have done this with all your help! I’d also like to thank our lawyer, Randy Creswell who did such a good job representing us in Bankruptcy court. Finally, and last but by no means least, I must mention my wife Margaret Fergusson who steadfastly helped and supported me (and put up with me!) throughout this challenging time. Thank you all!

It’s sure been an interesting 24 hours. Yesterday, as most of you know, was the last day of the 14 day stay of the September 28th Bankruptcy Court Order approving the free and clear sale of the Clary Lake dam to us. The 2 week period was to provide Richard Smith and/or Aquafortis Associates LLC with an opportunity to appeal that Order, if they wished. Finally, about 4:30 PM yesterday afternoon and on the last day available, they did just that, through their attorney Dennis Carrillo. Mr. Carrillo did not file a motion for a stay of the Order however. As a result, today, with the appeal period over and thanks to the 363(M) protections afforded us by the Court as Good Faith buyers, their appeal is moot, and the Order stands as issued.

We finally closed on the dam this morning. The deed has already been recorded electronically at the Lincoln County Registry of Deeds, and checks mailed to Medius L3C and to the Trustee. What happens to appeal now is not our problem. I’m guessing the Trustee will file a motion to dismiss next week. In any case, it’s not our concern.

Our work is just beginning. Now that we own the dam, it’s time to get busy on repairing it and restoring Clary Lake. I’m so ready for this 🙂


1 thought on “13 October 2018: We Own The Dam!

  1. Jack Holland

    George, This is a GREAT ending ( and new beginning) to a long ordeal. Many thanks to the members and supporters of the CLA. Especially to you George for spearheading and diligently guiding us through the seemingly never ending process. Your leadership & dedication are very much appreciated. Thank you, the Holland family

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