Court Rejects MacQuinn’s Motion to Dismiss

Friends of Lamoine are suing the Town of Lamoine for the issuance of permits for expansion of Harold MacQuinn Inc.’s Kittridge Pit. The expansion would result in the removal of Cousins’ Hill at the center of Lamoine. The Lamoine Planning Board had rejected the permit application first in 2014 and again last December (2017), but the Lamoine Board of Appeals voted to overturn the Planning Board’s decision in what FOL contends is a misapplication of our ordinances. FOL’s suit was filed on August 7, 2018. MacQuinn’s attorney filed a motion claiming that this date was more than 30 days after the reversal decision, assuming the relevant date was the action of the Board of Appeals to overturn, (signed June 22), not the vote by the Planning Board, which occurred July 9. The Court stated in a decision on 22 Oct, 2018 supporting the FOL attorney’s arguments:

With the first hurdle behind them, FOL now looks forward to the formal filing of the appeal, which should occur in early November.



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