31 May 2018 Bankruptcy Court Update: State Files Response in Support of Trustee’s Motions

Representing the Maine Department of Environmental Protection, Assistant Attorney General Kevin Crosman, Esq. has filed a brief with the U.S. Bankruptcy Court in response to motions filed last week by Bankruptcy Trustee Jeffrey Piampiano, Esq. The State fully supports the Motion for Substantive Consolidation, the Motion to Sell, and the proposed bid procedures with respect to the bankruptcy sale of the Clary Lake dam. It is very helpful having the Maine Department of Environmental Protection take this position.

The State’s Response Brief is short, concise, and to the point:


2 thoughts on “31 May 2018 Bankruptcy Court Update: State Files Response in Support of Trustee’s Motions

  1. Stephen Viti

    I must have missed previous reference to an Underground Storage Tank? What’s that about?

    1. George Fergusson Post author

      Yup. So it turns out there’s an old underground storage tank on the property, abandoned since the early 1960s. We didn’t learn of it until after we’d already started fundraising and after due diligence, concluded it was a non-issue and not a reason to change direction. As the land owner, it’s really Kelley’s responsibility to deal with it, but we know he’s not going to do anything about it. We’ve already made arrangements for it to be taken care of at no cost to us, once we own the property. We just can’t do anything about it before then. Interesting how the Trustee and the State are spinning it to make the Clary Lake Association look like environmental heroes in the eyes of the court! Along with the Water Level Order, it’s yet another deterrent to anyone else coming in and deciding they’d like to own a dam. I won’t say it’s a good thing, but it’s not a bad thing. It just is.

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