Sears Island: making the case for hearing the case

In the course of fifteen pages, Huber refutes MDOT's arguments calling for his case in Maine Superior Court to be dismissed without hearing. Read Huber's Response (15 pg pdf file)

First two paragraphs of Huber's response:

Maine DOT's protestations to the contrary, their granting a Sears Island conservation easement to Maine Coast Heritage Trust is a "final agency action." The simplest test of a "final" agency action is whether or not the agency provides the petitioner with any "further recourse, appeal or review ... within the agency" after the action has been taken. 5 MRSA Sec 8002(4). In the case of this easement, which determines the future of the largest undeveloped island in Maine; an island owned by the people of Maine, Maine DOT has not provided the petitioner with any recourse to appeal or seek review of its decision to execute this easement.

Moreover, the finality of MaineDOT's final agency action is demonstrated by its triggering intensive actions and financial expenditures by the agency, including solicitation around the globe for a Sears Island containerport development expert and port applicants. Those expenditures and marketing initiatives would not have taken place were the action of signing the easement not final and dispositive of all issues.

Last two Paragraphs:

"There is no question these recent actions and statements by Maine DOT show that the Jan. 22, 2009 easement "causes to be constructed" a cargo port at Sears Island. For this reason, Huber's requests are "ripe" and the Maine DOT must apply for permits under Maine's Sensible Transportation Policy Act and Maine's Site Location of Development Law. These applications were required to be tendered prior the execution of the easement, and for this reason must be tendered by the Maine DOT now.

"For the reasons set forth above, Petitioner Ronald Huber asks this Honorable Court to deny Defendant Maine DOT's Motion to Dismiss Petitioner Huber's Petition for Review of Final Agency Action, carry out that judicial review and rescind and invalidate Maine DOT's grant of a perpetual conservation easement over 601 acres of Sears Island to Maine Coast Heritage Trust."

Sears Island Smackdown! Chief Justice won't accept MDOTs motions: wrong court!

It is as though MDOT's hired guns, attorneys Rebecca Farnum and her sidekick Jason Donovan of Thompson and Bowie LLP, had purposely set out to insult the Maine Superior Court Judges of three counties.

"So what if the rules say requests to consolidate 80C cases must be made to the judges of the courts where the petitions were filed? We're MaineDOT's attorneys! We don't need to follow the rules!"

That or something similar must have been rolling through the noggins of T&B's dynamic duo when they decided to go over those judges' heads and ask the Chief Justice of Maine Superior Court to rule on the motion instead.

Chief Justice Thomas Humphrey politely but firmly declined to accept their motion for consolidation on March 26th.  With admirable restraint, Justice Humphrey identified for them the Superior Court judges of Knox, Waldo and Kennebec counties, explained to Farnum and Donovan that  "...it is best to follow the customary procedure for filing and acting on these civil motions",   returned their motions unread and bade them go practice their craft on the two judges at the courts where the plaintiffs filed.

In the interest of moving this case along, Ms. Farnum and Mr. Donovan are respectfully offered a link to Rule 80C of the Maine Rules of Civil Procedure. Updated to January 2009.

An excellent resource for those lawyers who find themselves still baffled by the mysteries of civil procedure!

Sears Island: Second Lawsuit filed against MaineDOT easement

For Immediate Release Feb 23, 2009

Sears Island Conservation Easement seen increasingly in doubt .

AUGUSTA – An Augusta man has filed a petition in Maine Superior Court asking for MaineDOT's Sears Island Conservation Easement to be set aside. The move follows Thursday's filing of a similar petition (pdf) in Knox County Courthouse by a Rockland, Maine man.

Douglas Watts filed his Petition for Review of Final Agency Action on Friday afternoon in the Kennebec County Superior Court. Read Douglas Watts' Petition Here (pdf).

Watts describes himself in his petition as "an avid user of the Penobscot River and its tributaries near Sears Island since
1982." and wrote to the court that the conservation easement signed by MDOt and Maine Coast Heritage Trust "will irrevocably harm his ability to continue using and enjoying the Penobscot River and these tributaries as he has done since 1982."

He is asking the Court to "rescind the Jan. 22, 2009 conservation easement until the MDOT has fully complied with the requirements of the Maine Sensible Transportation Policy Act and the Maine Site Location of Development Law."

Watts played an important role in development and passage of the Maine Sensible Transportation Policy Act In the late 80s and early 90's.

For more information contact Doug Watts at (207) 622-1003 or by email at info@dougwatts.com

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