Last Friday, attorneys representing Pleasant Pond Mill LLC (PPM) and Aquafortis Associates LLC (AQF) made two filings in Lincoln County Superior Court. The first was an expected objection to the State’s July 6th Motion to Dismiss. The second filing was a motion to amend the original Rule 80C petition (aka the water level order appeal) which was initially filed back in February 2014. The State’s response to the Petitioner’s objections to the motion to dismiss is due September 4th. Presumably then the judge will then rule on the State’s motion to dismiss as well as the petitioner’s motion to amend the original petition.
The motion to amend the original 80C petition was apparently intended to correct or address certain deficiencies in the original filing that had been highlighted in the State’s motion to dismiss. I had wondered if PPM was going to try to join their recently dismissed appeal of Agency action with the water level order appeal but apparently not as there is nothing in the amended motion about it.
In other developments this month, according to a document filed on the State’s Interactive Corporate Services web site date August 14th, PPM has been reinstated as a LLC in good standing. This move was expected: in a 2014 Maine Supreme Court case, the Law Court determined that State law prevents an LLC in administrative dissolution from filing suit in court, they can only defend themselves in court.