Law Court Maine
October 26, 2023 by Joshua Dunlap
The Law Court recently cleaned up a tangle of legal precedent regarding the appropriate means for challenging a property tax assessment, explaining and harmonizing two hundred years of case law. Oakes v. Town of Richmond establishes clear guidelines for tax appeals. The issue in Oakes was the proper procedural vehicle for contesting a property tax […]
Read more »
Law Court Maine Maine Constitution US Supreme Court
October 3, 2023 by Joshua Dunlap
As readers of this blog know, state constitutional interpretation has been a matter of discussion here and at the Maine Law Court over the last few years. Maine jurisprudence has seen a revival of the primacy doctrine, which directs state courts to resolve state constitutional issues prior to and independently of any federal constitutional issues. […]
September 21, 2023 by Joshua Dunlap
In Board of Overseers v. Brown, the Law Court addressed the timeliness of an appeal following a “motion for clarification” of a judgment. In doing so, the Law Court drew an interesting distinction between requests for relief that qualify as a motion to alter or amend the judgment under Rule 59(e) (which toll the appeal […]
August 1, 2023 / August 1, 2023 by Joshua Dunlap
The Law Court’s decision in Fournier v. Flats Industrial, Inc., issued last week, provides a stark reminder of the importance of attention to the deadlines for filing an appeal of a final judgment. The Law Court treats the deadline as jurisdictional, and requires “strict compliance”—even when, as in Fournier, the trial court may not have […]
June 26, 2023 by Joshua Dunlap
What is the proper remedy when a party challenges a municipal action under Rule 80B, but the court later determines that this was the wrong procedural vehicle to challenge the municipal action? In Hurricane Island Foundation v. Town of Vinalhaven, the Law Court took a pragmatic approach by treating the proceeding as a declaratory judgment […]
Cross-Appeals Law Court Maine
June 13, 2023 / June 14, 2023 by Joshua Dunlap
Maine law regarding cross-appeals has long been murky, and as a result that subject has often been the subject of commentary both at this blog (here and here, for instance) and elsewhere. The Law Court brought additional clarity in this area of the law in its recent decision in Tominsky v. Town of Ogunquit. In […]
Law Court Maine Maine Constitution
May 17, 2023 / May 18, 2023 by Joshua Dunlap
Last week marked the close of a major legal dispute under Maine law regarding the applicability of retroactive laws to development projects already under construction. The issue in the case was one of fundamental fairness: if a person obtains a valid permit under existing law and then in good faith expends significant sums building a […]
February 22, 2023 by Joshua Dunlap
Last week the Law Court handed down two decisions relating to judicial process, addressing the time limits for notices of appeal and the situations in which relief can be sought for wrongful use of civil proceedings. In the first case, Witham v. Board of Trustees of the Maine Criminal Justice Academy, a petitioner challenging an […]
Appellate Briefs Cross-Appeals Law Court Maine Maine Constitution Rules
July 18, 2022 by Joshua Dunlap
It’s the middle of a beautiful Maine summer, a good time for a few quick hits on some interesting developments . . . First, as I previewed last month, new amendments to the Rules of Appellate Procedure became effective July 13. The new rules streamline certain procedures (such as allowing electronic signatures), make a few […]
Appellate Briefs Cross-Appeals Law Court Maine Rules
June 14, 2022 / June 29, 2022 by Joshua Dunlap
The Advisory Committee on the Maine Rules of Appellate Procedure, of which I am a member, has been working with the SJC on potential changes to the rules. The Court has made the proposals publicly available, and has invited public comment. The deadline for any comments is July 1. A quick summary of key changes […]
