Law Court Maine
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 […]
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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 […]
US Supreme Court
July 12, 2023 by Joshua Dunlap
The necessity of preserving issues for appeal can be a trap for the unwary, leaving litigants without recourse if they fail to take proper steps to preserve a particular argument. Near the end of its recent term, the Supreme Court made this requirement slightly less fraught. In Dupree v. Younger, the Court clarified that a […]
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 […]
Massachusetts
March 21, 2023 by Joshua Dunlap
In an interesting parallel to the developments in the Maine Law Court that indicate a revival of state constitutional interpretation, the Massachusetts Supreme Judicial Court issued a noteworthy opinion examining the protections granted to free speech under the Commonwealth’s constitution. The case, Barron v. Kolenda, involved a town ordinance requiring all comments in public meetings […]