Law Court Maine Rules
March 18, 2024 by Joshua Dunlap
The Appellate Rules Committee, of which I am currently chair, has been busy considering various amendments to the rules. The Committee has recommended certain changes, and the Supreme Judicial Court has now proposed amendments to the rules and invited public comment. The biggest change is one that will hopefully be a significant benefit to attorneys […]
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Elections Law Court Maine
February 20, 2024 by Joshua Dunlap
Amid the intense coverage of the Colorado ballot exclusion case that was the subject of oral argument before the Supreme Court earlier this month, the Law Court’s decision in Trump v. Secretary of State on a parallel appeal of the Maine Secretary of State’s decision to bar Donald Trump from the ballot has garnered comparatively […]
Law Court Maine
January 24, 2024 by Joshua Dunlap
With debates over the application of stare decisis taking center stage in recent Supreme Cout arguments regarding the viability of Chevron deference—an issue which we will likely revisit in June—it was notable that the Law Court recently engaged in its own heated debate over that doctrine in Finch v. U.S. Bank, N.A. I recently blogged […]
January 15, 2024 / January 12, 2024 by Joshua Dunlap
The Law Court has dramatically reshaped foreclosure law in Maine, ending the Court’s outlier position regarding the effect of a defective notice of default. In Finch v. U.S. Bank, N.A., the Court held that, when a lender fails to comply with the notice requirements of 14 M.R.S. § 6111 prior to initiating a foreclosure action, […]
November 28, 2023 by Joshua Dunlap
Earlier this month, the Maine Law Court issued its decision in Cassidy Holdings, LLC v. Aroostook County Commissioners, holding that, in a municipality without a board of assessment review, a taxpayer whose nonresidential property is valued at $1 million or more has the option to appeal an assessment either to the county commissioners or to […]
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 […]
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 […]
