Sears Island in Federal courts 1985-1992
Sears Island in the Maine Courts 2009-2010. February 2009 to March 2011
MARCH, 2011
DECEMBER 2010
NEW: 12/17/10 Ron Huber files Appellate Brief with Maine Supreme Judicial Court. (pdf)
EXCERPTS from the filed complaints.
Ron Huber Mr. Huber has been an avid user and protector of the natural resources and wild residents of Sears Island and her surrounding estuarine water complex since 1992. Mr Huber hikes the island and snorkles the island's shallows in communion with the natural residents he was charged in 1992 by God Almighty with stewarding and restoring; in particular the brackish water nurseries and diadromous fish shelter habitats surrounding Sears Island in Searsport Harbor, Long Cove and Stockton Harbor.
Douglas Watts: "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."
Harlan McLaughlin: "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....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."
Media Coverage Here
3/25/11 Maine Supreme Judicial Court clerk
notifies Huber that the case will be reviewed "on the briefs"; i.e. wthout oral argument.
Tells Court: controversy over 23 MRSA §4206(O) is a "Solemn Occasion" that only they can resolve.
10/22/10 Maine Supreme Court sets Briefing Schedule
9/29/10
Ron Huber files appeal to Maine Supreme Court (pdf)
9/8/2010 Judge Hjelm rules: Case not ripe yet. Dismissed! BDN Media coverage
5/15/09. Superior Court Judge Jeffrey Hjelm consolidates all three cases (below) to Waldo County Court 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
3/31/09 Huber Motion to Exclude Untimely Responses
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.
2/20/09 Watts files petition to review agency action
2/25/09 McLaughlin files petition to review agency action
2/19/09 Huber files petition to review agency action.
....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."
