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STATE OF MAINE                                                               SUPERIOR COURT

KNOX, ss                                                                               CIVIL ACTION

                                                                                                DOCKET NO. AP-10-002

                                                                                               

 

RONALD HUBER, PETITIONER

 

V.

 

BUREAU OF PARKS AND LANDS

MAINE DEPARTMENT OF CONSERVATION

 

PETITIONERS MOTION FOR ENLARGEMENT OF TIME TO REVIEW RECORD AND FOR ENLARGEMENT OF RECORD IF NEEDED.

 

NOW COMES Ronald Huber, (Petitioner), and pursuant to 5 MRSA §11006

 and Maine Rules of Civil Procedure 6(a) and  6(b) hereby requests an  enlargement of the record in the Bureau of Parks and Lands  (BPL) decision approving a deepwater wind energy test area off Monhegan Island, and an extension of three weeks in which to review  the record  in this matter.  In support of this motion, Petitioner states the following:

            1.         The Administrative Procedures Act  provides that  "[t]he agency shall file in the reviewing court within 30 days after petition for review is filed, or within such shorter or longer time as the court may allow on motion, the original or certified copy of the complete record of the proceeding under review."   5 MRSA Sec 11005. 

            2.         The Maine Rules of Civil Procedure provide  in Rule 6(a) Time Computation, that in computing any period of time, "[t]he last day of the period so computed is to be included, unless it is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day which is not a Saturday, a Sunday, or a holiday."  Due to the initial ten day record review deadline of May 23, 2010  falling on a Sunday, that deadline is extended to close of business May 24, 2010.

            3.         Maine Rules of Civil Procedure 6(b) states that  "the court for cause shown may at any time in its discretion...order the period  [of a specified time] enlarged if request therefore is made before the expiration of the period originally prescribed...."  Thus, the Court has discretion to enlarge the time for review of the record in this matter. 

            4.         By Order on State's Motion for Enlargement of Time in which to File the Administrative, dated March 3, 2010,  the court  set May 10, 2010 as the deadline for the administrative record in this matter  The Petitioner later acceded to a second request by the Respondent to extend time to prepare the record, to May 17, 2010.

            5.         The Court's  March 3 order also affirmed the limitation by the Parties of the record to solely those documents pertaining to the Monhegan, Isle au Haut, Machias and Cutler candidate sites.  Three other candidate sites south of Monhegan were excluded by the Parties from production as part of the record.  The Parties also agreed that an index would be made of GIS data used by the Bureau in arriving at its decision, with the Bureau to supply the Petitioner limited sets of said data upon request.

            6.         The Administrative Procedures Act further provides that  "The reviewing court may require or permit subsequent corrections to the record as provided by 5 M.R.S.A. § 11006(2)."   In its March 3, 2010 Order the Court stated in an addendum that "[t]he sufficiency of the record, when filed,  may be addressed by the parties in the manner prescribed by rule." 

            7.         The record produced by the agency supporting its decision, even excluding documents relating  to Boon Island and Damariscove Island sites,  encompasses more than 350 pages, including an index to hundreds more pages of digitized biological, physical and social  data maintained electronically by the Bureau of Parks and Lands and used  in support of the Bureau's decisions on deepwater offshore wind test sites. 

            8.         The size of the record along with many competing demands on the pro se Petitioner, make it very difficult to respond meaningfully as to the overall sufficiency  of the record, let alone determine which selected data sets from the Bureau of Parks and Lands are relevant to the Court's review of the Petition, within the ten day period that Petitioner understands his response to the Record must be made.

            9.         The Petitioner requests additional three weeks time to review the Record, and determine which if any electronically stored  biological, physical and social data that  BPL holds electronically are needed to clarify the record.

            10.       Absent an enlargement of time and record, Petitioner will be unable to review the Record completely, let alone bring to light  selected comparative biological and physical data held electronically by  BPL regarding, in particular, its Monhegan and Machias area candidate test sites; the state's two most preferred locations.

            11.       Due to the initial ten day deadline of May 23, 2010 falling on a Sunday, that deadline is extended to close of business May 24, 2010.

            12.       BPL has been contacted through its attorney, the Office of the Attorney General;  Assistant Attorney General Mills has no objections to this motion.  Counsel for Intervenor University of Maine  also has no objections to this motion.

 

WHEREFORE, Petitioner  respectfully requests that this Court order a three week extension for review of the Record, and affirm that, at that time BPL shall produce specified digital data, if any is requested by the Petitioner, in a form agreed then by the parties as most practical for review.

 

Respectfully submitted

 

 

Ron Huber,

Petitioner

Dated:  May 24, 2010

 

 

 


 

Ronald Huber                                                                       May 24, 2010

148 Broadway # 105

Rockland Maine 04841

 

 

Penny Reckards, Clerk

Knox County Superior Court

62 Union Street

Rockland ME 04841

 

Re: Ronald Huber v. Bureau of Parks and Lands, Department of Conservation

Docket No. AP-10-002

 

Dear Ms Reckards

 

Please find enclosed for filing in the above referenced matter, the Petitioner's Motion for  Enlargement of Time to Review Record and Enlargement of Record.

 

Thank you!

 

Sincerely

 

 

 

Ron Huber

Petitioner