Maine Appeals

Author: Cathy Connors

Take that, precedent!

June 24, 2019 / June 21, 2019 by Cathy Connors

The big decisions from the Supreme Court are coming fast, and in the takings jurisprudence world, the one issued on Friday was a biggie, overruling Williamson County Regional Planning Comm’n v. Hamilton Bank of Johnson City, 473 U.S. 172 (1985) – Knick v. Township of Scott, PA, No. 17-647 (U.S. S.C., June 21, 2019). We’ve […]

Maine’s new ISP privacy law and the enforcement conundrum

June 21, 2019 by Cathy Connors

Maine’s new privacy law regarding broadband internet service providers, An Act To Protect the Privacy of Online Customer Information (LD 946, to be codified at 35-A M.R.S. c. 94), billed as the strictest in the nation, has gotten a lot of press. E.g., Gov. Mills signs nation’s strictest internet privacy protection bill, www.pressherald.com, June 6, […]

When are declarations independent?

June 13, 2019 by Cathy Connors

The Law Court recently decided a Rule 80B case and so, of course we must discuss. Cape Shore House Owners Association v. Town of Cape Elizabeth, https://www.courts.maine.gov/opinions_orders/supreme/lawcourt/2019/19me086.pdf. The facts are simple, and I streamline them further to focus only on what matters for the purpose of my musings: X sought a permit; the ZBA […]

1 ½ – Show me!

May 8, 2019 by Cathy Connors

Well, we’ve been humongously busy, but c’est la vie. One stop we made was to the conference of the American Academy of Appellate Lawyers in Philadelphia. Donald Macomber was also there from the AG’s office, and there were lots of solid presentations (and what a great town – my first visit). One interesting thing I […]

A quickie blog re appellate seminar

March 15, 2019 / March 13, 2019 by Cathy Connors

Well, that last posted blog entry was so exhausting, here’s something short and snappy: The First Circuit has posted the program for the criminal appellate practice seminar we previously blogged about (Mark your calendar – May 15, 2019): Federal Criminal Appellate Practice Seminar Program For we civil practitioners, the agenda looks pretty criminal-centric, but the […]

The Knicks again, and the jury is out in Massachusetts and in in Maine – or is it?

March 12, 2019 by Cathy Connors

The Massachusetts Appeals Court recently issued a regulatory takings decision with relevance to us in Maine given our State’s unique relationship to the Commonwealth. Smyth v. Conservation Commission of Falmouth, 94 Mass. App. Ct. 790. Kudos to Pierce Atwood’s Michelle O’Brien and Nicholas Brown for prevailing in this appeal. Among other things, in Smyth, the […]