Oral Arguments Scheduled in Cousins Hill Case

Oral arguments before the Maine Supreme Court are to commence at 2:20 PM on March 3, 2020, and can be listened to at https://www.courts.maine.gov/maine_courts/supreme/stream.shtml. This will not be the final act in this drama; it will take a few weeks or months for a decision.

This is the appeal to the Maine Superior Court’s overturning of the Lamoine Appeal’s Board’s overturning of the Lamoine Planning Board’s rejection of Harold MacQuinn Inc’s application for a gravel permit to take away Lamoine’s Cousins Hill.

Since the above description is so confusing, here is a brief timeline:

  • In November of 2017, the Lamoine Planning Board rejected MacQuinn’s Gravel Pit application.
  • In December of 2017, the Lamoine Planning Board also rejected MacQuinn’s Site Plan application. Both permits are needed for a gravel pit.
  • In June of 2018 the Lamoine Board of Appeals ruled on an appeal by MacQuinn, to overturn the Planning Board’s denial.
  • In July of 2018, the Lamoine Planning Board, acting on orders from the Appeals Board, approved the two permits.
  • On August 8, 2018, attorney John Steed, on behalf of Friends of Lamoine and the Tweedie Trust, filed an appeal to the Hancock County Superior Court. This appeal challenges both the Appeals Board ruling and the Planning Board’s subsequent granting of the two permits.
  • On June 17, 2019 Judge Michael A. Duddy of the Business and Consumer Docket, issued his decision: “The Planning Board’s decision dated December 11, 2017 denying MacQuinn’s SPRO [Site Plan Review Ordinance] application is affirmed. The Board of Appeals decision dated June 22, 2018 is reversed.”
  • In July of 2019 Harold MacQuinn, Inc. appealed the Court’s decision to the Maine Supreme Court.

In a nutshell, if the Maine Supreme Court lets the lower court’s decision stand, Cousins Hill will still rise over Lamoine Corner. This description of the appeal is from the Maine Supreme Court’s website:

Tune in to the oral arguments on March 3. If you can’t listen live, the audio will be available for another two weeks.

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