December 17, 2015 / June 15, 2016 by mindgrub
If you have lived in Maine for any length of time, you remember that in 1979, the Maine Indians claimed 2/3s of the State of Maine. The end result was a settlement, embodied in federal and state statutes, that among other things, gave the tribes federal recognition and $80 million, and set forth reservation boundaries. In an action in which we represented a coalition of municipalities and other users of the Penobscot River, the federal district court confirmed that the Penobscot Reservation does not include, as the Tribe recently claimed, the 60-mile main stem of the Penobscot River. (Order on Cross-Motions for Summary Judgment, Order on the Pending Motions of State Intervenors)
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December 15, 2015 / June 15, 2016 by mindgrub
The Maine SJC issued a decision in November in a civil rights case consistent with a line of authority in which the result appears right to me, but the way the Court gets there makes me scratch my head. Marshall v. Town of Dexter, 2015 ME 135
December 11, 2015 / June 15, 2016 by mindgrub
The latest Maine Bar Journal (Fall 2015) has been issued, and included is another set of Judge Hornby’s “Fables” – short lessons in the Aesop mode. These are always enjoyable, thought provoking, and helpful. There are a few this time relevant to appellate practice.
November 9, 2015 / June 15, 2016 by mindgrub
I was perusing recent First Circuit decisions and noticed one that ordered a remand to a different district court judge. U.S. v. Figueroa-Ocasio (Oct. 16, 2016). This is unusual, and got me wondering whether there is any pattern that can be found in these determinations, either in that court or the Maine SJC.
October 15, 2015 / June 15, 2016 by mindgrub
So here’s a difference between the motion practice in the Maine SJC and the First Circuit that I didn’t notice until now.
October 9, 2015 / June 15, 2016 by mindgrub
We have previously blogged on a Maine SJC decision rejecting an 80B appeal as untimely, with the Chief Justice in that case noting some problems and pitfalls under current law, and us noting a few more. (Is your 80B clock ticking?) Last Tuesday, the Court issued a decision rejecting an 80C appeal as untimely, so beware on that front as well. (Bailey v. Dept. of Marine Resources, 2015 ME 128)
October 1, 2015 / June 15, 2016 by mindgrub
Per my recent blog, I attended the Maine Historical Society’s event honoring the Mills family (Dora, Janet, Paul and Peter), and, as anticipated, it was a delightful event. If we were all as involved in our communities as each of these folks, the world would be a different (and better) place. Dora Mills has even worked with Mother Theresa!
September 23, 2015 / June 15, 2016 by mindgrub
The latest (Summer 2015) edition of the Council of Appellate Lawyers’ Appellate Issues addresses a hot and important topic in appellate law – the record. Or, more accurately, discusses the current assault on the record as we have traditionally known it. This is a topic upon which I have blogged before (sometimes responding to Judge Posner’s views on the subject, whom I believe takes a rather liberal view of the need to color within the lines of established rules).
September 21, 2015 / June 15, 2016 by mindgrub
The Maine SJC’s latest decision includes a ruling that could have fatal implications for some land use appeals. Campbell v. City of South Portland, 2015 ME 125
September 15, 2015 / June 15, 2016 by mindgrub
The Maine SJC has asked for amici briefs in a pending appeal: http://www.courts.maine.gov/maine_courts/supreme/amicus_invites/me.html
