MILLINOCKET, Maine — The town’s attorney will respond shortly to a motion seeking the dismissal of Millinocket’s lawsuit against the state over $216,000 in education funding Gov. Paul LePage has withheld from the town.
In a motion filed July 5 at Kennebec County Superior Court, Maine Attorney General William Schneider and Deputy Attorney General Paul Stern argued that Millinocket’s first attempt at getting a judge to order the LePage administration to issue the money is governed by the Maine Administrative Procedures Act. Under the provisions of that law, Stern argued, the town’s application was late.
“The court, therefore, should dismiss the town’s complaint for lack of jurisdiction,” Stern wrote in the seven-page motion.
“The town shall file a response shortly,” Town Manager Eugene Conlogue said Tuesday. He declined to comment further, citing the matter as pending litigation.
After threatening to for several months, the Town Council agreed in mid-June to proceed with its lawsuit, saying LePage illegally withheld funding that, under state law, Millinocket is owed in Sudden and Severe Impact funds for the severe devaluation of the Katahdin Avenue paper mill, at one time the town’s biggest taxpayer.
Under Maine administrative law, Stern argued in response, a civil court petition for review of an administrative decision would have had to be filed within about 30 days of LePage’s decision to allocate only about $504,000 of $720,000 the town was owed under the Sudden and Severe Impact laws. The laws shield municipalities against drastic and immediate losses to their tax bases.
LePage’s decision occurred on March 7, Stern argued. The town, through a public statement condemning LePage for his actions, voiced its opposition to the decision the next day but did not formally file an appeal with the court until several months later, he said.
The fight began when LePage claimed that town leaders broke their pledge to pay $50,000 annually toward the estimated $250,000 annual cost of the maintenance and operation of the Dolby landfill in East Millinocket used by the region’s two paper mills. Town officials angrily denied the claim and produced correspondence that they said made clear that their commitment was for one year only, and the Maine Municipal Association called LePage’s actions unprecedented.
The state’s assuming ownership of the landfill was a crucial part of the LePage administration’s enticing a New Hampshire investor to purchase the two mills last fall. The East Millinocket mill’s restart returned about 225 jobs to the region.
State education officials assured LePage that his actions would not adversely affect the quality of education offered to town students.
The 30-day limit is crucial, Stern argued, to the budgeting practices that govern the distribution of state funds all occurring within the same fiscal year.
A lot of good taking over the landfill for Millinocket did. The process of tearing down and scrapping the mill will begin shortly.
Wow, how did you post this comment from 2004?
No the bid has been awarded to the company that cleaned up the World Trade Center disaster, Work begins in September.
One tends to doubt that for a number of reasons. Regardless, “the process of tearing down and scrapping the mill” began years ago. Seen the pulping plant or grinder room lately?
Sounds to me like two foxes are guarding the Blaine house – I just love it when lawyers make stuff up off the cuff. I guess they skipped those classes on CONTRACT LAW. you don’t fool me.
just as if Millinocket hasn’t been screwed enough???……..
Well, Millinocket has done it to its employee’s. I guess what goes around comes around.
My perspective is that Millinocket has played the role of victim for long enough. The paper industry is dying and has been deceased in that town for years. Why are we still pretending like it exists? In a last ditch effort, we bought for them a toxic dump, through a socialistic form of corporate welfare and tax gifts, to lure a charcoal factory that will employ a limited number of local unskilled workers. But the town doesn’t seem to even be willing to help us pay for that.
We’d be better off subsidizing call centers in Lewiston at this point. Manufacturing in Millinocket is over.
Go away.
Millinocket doesn’t own the “toxic dump”. The State does. The “toxic dump” isn’t even in Millinocket.
Ha Ha Ha “Your perspective”? Give it up Bangor..
just as if Millinocket hasn’t been screwed enough. Give them a break
Go Milli, time for the Bully to pay up.
You mean the bullies on the Town Council, some or their words are not to reliable. Who knows what they really said. If they can go back on their word, why not the Governor (if that is what happened)
This governor is a compulsive and pathological liar. There! Let’s get it right out in the open.
I’ve been “sitting on” proof and it is recorded on video.
I keep hearing proof, but what I have seen is not real proof. If you are going by his word, the Town of Millinocket’s is the same.
Ancient legal principle — the king can do no wrong.
lapuke at it again
LePage is the one who’s in deep ca-ca. Millinocket took it’s time to try and work out a settlement with the State. That the clock ran out because Millinocket was DILLIGENTLY trying to work that settlement out is going to be seen by the court’s as a Good Faith gesture and is a reasonable cause to let the case proceed. Even Schnieder knows this. That he’s arguing jurisdiction is simply trying to make brownie point’s with Paulie for the inevitable ruling that he knows is coming. Millinocket is going to get their case into Court, and probably in front of a jury. Given the current court docket’s, this case is very likely to be in Court and getting heard right around early November, just in time for the election’s. What was it about the Simpson case ? Not Guilty on criminal but a $ 30 MILLION dollar finding of wrongful death penalty in the civil case. Either way, it’s time to pony up and the clock just keeps on ticking ……………
Problem is, while LePage fights his fruitless battle, it costs Millinocket and Maine taxpayers money. He doesn’t care, he’ll be financially immune. He’s just wasting more of our money.
Paulie’s financial immunity is gonna go POP when the voter’s realize just how much money Paulie costing the voter’s in this one. And as far as costing the taxpayer’s money, the AG’s office is working on this one anyway so the cost isin’t even there. In the office or in court, it comes out the same.
What is important here is the fact that Paulie stuck his head in when it wasn’t needed and decided to, on his own, make policy without thinking it thru or talking to the AG, who should have known better.. That Millinocket is trying, even now, to work out a settlement is going to go a very long way as far as the Judge that’s deciding this. It also shows that, to the business community’s that are thinking about coming up here to the Northern end of Maine, that the Town’s up here are more than willing to work with them when thing’s get mis-understood or screwed up during their start-up’s. That Paulie has made a pile of moosepoop the height of Mt Kathadin should encourage these business’s to go thru the local govt’s to get their start-up permitting process’s first, and reduce ANY State ‘looking for non-existent problem’s’ finger poking into their plan’s. Paulie’s fingerpoking is proof of that beyond any doubt. And the cost of that poking is gonna more than he, and the State GOP, realizes. Mainer’s, especially up North and in The County, have a long memory.
It’s certainly costing taxpayers in Millinocket. The argument that the AG & courts are already being financed by us is true, but they could be working on more pressing, important cases if the guv wasn’t wasting their time on his personal agendas, so it really does affect us all.
ATTENTION Millinocket Taxpayers: There are a lot of Mainers who are just waiting “in the wings” to help you out. If this situtation comes down to the governor trying to force your hand, we will step up and start a Millinocket Legal Defense Fund. I am 100% serious.
Brilliant!!! I’d help out!!
Another example of the govs. bullying ways coming undone.I think the people are finally begining to see the man for what he really is.Come on november!!!!!
Interesting contrast with the other article about LePage in education today.
When you owe someone money, you pay them. It is called being honest and ethical. How many other people does he owe?