The briefing schedule for upcoming filings in the Clary Lake Water Level Order Appeal that was included in the August 15th Court Order (see “Clary Lake Water Level Order Appeal Update“) has been revised by the Court in response to a motion filed by counsel for Aquafortis Associates LLC [AQF] on August 30th. In addition to requesting a change to the briefing schedule, the motion also requested an increase in the number of pages allowed in the filings (Maine Judicial Court Rules specify page limits for different kinds of filings). Counsel for AQF cited conflicts with long-standing vacation arrangements for the requested change in filing deadlines. The motion was consented to by DEP (meaning the State did not object to the motion) and the court subsequently issued an ORDER on September 7th granting AQF’s motion in its entirety.
AQF’s appeal brief was originally due 40 days from August 15th, on or about September 26th. The date for that initial filing is now October 6, 2017. The State’s Response Brief now is due on November 15, 2017 and the Petitioner’s Reply Brief is due December 4, 2017. The ORDER also granted Petitioner’s request for increased page limits.
I was somewhat dismayed (though not particularly surprised) to learn of the change in the briefing schedule since delays seem to be the way this game is played. I was nonetheless glad the filing dates were only pushed out 10 days. What has me scratching my head however is the fact that the MOTION and the ORDER both list Pleasant Pond Mill LLC [PPM] as a petitioner. I assume this is an oversight as PPM was removed from the suit by COURT ORDER on January 25, 2016 and while a few filings in early 2016 listed both PPM and AQF as petitioners, ALL filings in the last year have included only AQF as petitioner.
I don’t expect additional changes to the briefing schedule.