AUBURN – A Superior Court justice denied ousted Androscoggin County Commissioner Helen Poulin’s bid to remain in office Wednesday, saying Poulin failed to prove that she is eligible for the job.

Poulin’s argument – that she could live in Auburn while representing Lewiston – teetered on a “fairly slim basis,” Justice Joyce Wheeler said. Poulin’s stated plan to move back to Lewiston, where she sold her home in August, wasn’t enough, Wheeler said.

“An intent is not sufficient to establish residence,” the judge said.

Minutes later, the commission met one floor below. Poulin wasn’t there.

“I hope everything has run its cycle,” said Lewiston Democrat Elaine Makas, who was sworn in Tuesday as Poulin’s replacement following her appointment by Gov. John Baldacci. She took her seat on the commission Wednesday behind a makeshift paper nameplate.

“Maybe the county can do the work it’s supposed to do,” Makas said.

It may not be the final move in the months-long controversy.

Poulin refused to comment following Wednesday’s hearing. The Sun Journal was unsuccessful in its attempts to reach her lawyer, Bryan Dench.

The court has yet to consider a complaint that would affirm Poulin’s place on the three-member commission and nullify Makas’ appointment.

Wednesday’s hearing was more specific, responding to a temporary injunction request by Poulin meant to block Makas from taking office.

Another lawyer for Poulin, Kelly Hoffman, argued Wednesday that Baldacci had no authority to appoint someone else to the position. She also argued that unseating Poulin would cause her and the public “irreparable harm.”

The reason: Her expertise would be lost.

Decisions would have to be made by Makas and Constance Cote, a 13-year veteran of the commission, Hoffman said.

“This is something the public should not have to endure,” the lawyer argued.

The state’s argument hinged on its insistence that Poulin technically surrendered her seat when she sold the home in Lewiston. State law requires that county commissioners live in the district they represent.

“She moved,” said Phyllis Gardiner, an assistant attorney general with the state. “It was a voluntary act on her part.”

“The only residence that she was claiming in Lewiston was the house that was sold,” Gardiner said.

Wheeler backed the state’s case, point for point.

She discarded Poulin’s claim that she had established residency in Lewiston with post office boxes and vehicle registrations.

She also said Poulin’s actions outweighed statements that she planned to return to Lewiston.

“She bought a house in Auburn,” Wheeler said. “She didn’t try to rent one locally.”

Wheeler also backed Gov. Baldacci.

“I can find no flaw in the governor’s appointment process,” she said.

Poulin served for nearly two years on the commission. She was elected in November 2006 to a four-year term.

Makas’ appointment is for the remainder of Poulin’s term.