Dec 18, 2010

Sears Island: Maine Supreme Court told "solemn occasion" merits their intervention

I went to Portland Friday and, as required, filed my Sears Island Supreme Judicial Court case's "Appellate Brief". By law, the Supreme Juidicial Court meets as the "Law Court" to consider appeals like mine. Here is a  link to the 20 page Brief and other filings

The brief (well I guess at 20 pages it's not very brief)  lays out my arguments as to why the Law Court should agree with me and tell the lower court (Judge Jeffrey Hjelm of Waldo County Superior Court) to take a fresh look at my case and actually consider the issues.

As a  non-lawyer's effort. this appeal is of course prone to imperfections that a legal secretary etc would polish away or prevent. Yet it takes a certain naiivete to break new ground. To raise one's head out of the box and chart a different yet logical course.  That is what the case attempts.

Judge Hjelm had ruled in September that since there wasn't an actual port plan out there, there was no way I or anyone else was being harmed by the conservation easement that gives 2/3 of Sears Island to Maine Coast Heritage Trust "in perpetuity", and defines the rest of the island as a "Marine Transportation Zone".  Something shamefully agreed with by the Sierra Club, which argued ridiculously in favor of MDOT's claim that the island could support BOTH an industrial port AND wildlife and scenic & recreational resources; the so-called "Joint Use" plan.

I told the Law Court that there was another issue I had raised in my case, one Judge Hjelm didn't consider. Can the Supreme Judicial Court make him consider it?

 I hope so.  I had to  raise a few..novel constitutional arguments.