Sears Island in Federal courts 1985-1992
Sears Island in the Maine Courts 2009:
Media Coverage Here
February 2009 to September 2010
9/8/2010 Judge Hjelm rules: Case not ripe yet. Dismissed! Media coverage
5/15/09. Superior Court Judge Jeffrey Hjelm consolidates all three cases (below) to Waldo County Court 2/19/09 Huber files petition to review agency action.
2/20/09 Watts files petition to review agency action
2/25/09 McLaughlin files petition to review agency action
3/24/09 MDOT motion to dismiss Huber's case
3/24/09 MDOT motion to consolidate the three lawsuits
3/24/09 MDOT motion to stay production of record.
3/31/09 Huber Motion to Exclude Untimely Responses
4/13/09 Huber reply to MDOT Motion to Dismiss
4/13/09 McLaughlin reply to MDOT Motion to Dismiss
4/24/09 MDOT reply to Huber reply of 4/12/09
5/15/09 Judge consolidates Huber, Watts, McLaughlin petitions
2/19/09. RON HUBER files Petition for Review of Final Agency Action by MDOT in Maine Superior Court, Knox County. (pdf)
EXCERPTS "Mr. Huber asks this Court to find Public Law Chapter 277 An Act Regarding the Management and Use of Sears Island to be an unconstitutional delegation of Executive Branch land use decision-making power to the Maine Legislature's Joint Committee on Transportation, in violation of Sections 1 and 2 of the Maine Constitution's Article III Distribution of Powers, and of MRSA 3 §165 Joint Committees, Authority, and declare all decisions made pursuant to its exercise by the Joint Committee on Transportation and Maine DOT invalid."
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"Mr. Huber asks this 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."
2/20/09. DOUGLAS WATTS files Petition for Review of Final Agency Action by MDOT in Maine Superior Court, Kennebec County
EXCERPTS: "Mr. Watts has been an avid user of the Penobscot River and its tributaries near Sears Island since 1982. The final agency action he seeks to be reviewed will irrevocably harm his ability to continue using and enjoying the Penobscot River and these tributaries as he has done since 1982."
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"Mr. Watts seeks relief for the failure of the Maine DOT to "evaluate the full range of reasonable transportation strategies to address the transportation need"; to "identify and develop strategies that are context sensitive and minimize adverse effects to environmental quality"; to conduct a "strategy evaluation process" and to fulfill other requirements of the Sensible Transportation Policy Act and its rules prior to executing the conservation easement on Jan. 22. 2009."
2/25/09.HARLAN MCLAUGHLIN files
Petition for Review of Final Agency Action by MDOT in Maine Superior Court, Waldo County
EXCERPTS: "Mr McLaughlin hiked the island and swam in the island's shallows with his grandparents and now enjoys those same activities with his own grandchildren.
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"Mr McLaughlin feels a strong responsibility to ensure our generation passes on the treasure that is Sears Island as a gift to future generations. The final agency action he seeks to be reviewed will irrevocably harm his ability to enjoy, use, steward and restore this area."
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3/24/09. Maine DOT's attorneys file a motion to dismiss ,
3/24/09. MDOT files motion to consolidate the three lawsuits
3/24/09 MDOT files MDOT files motion to stay production of record.
3/31/09. Ron Huber files Motion to Exclude Untimely Responses by Defendant Maine Department of Transportation
4/13/09. Ron Huber files response to MDOT's motion to dismiss his case. (13 page pdf)
4/13/09 Harlan McLaughlin files response to MDOT's motion to dismiss his case.
4/24/09 MDOT's lawyers reply to Huber's 4/12/09 reply to MDOT's 3/24/09 reply to Ron Huber's 2/19/09 Petition for Review of Agency Action .
<5/15/09. Superior Court Judge Jeffrey Hjelm consolidates all three cases to Waldo County Court
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