I recently blogged about the need to file a cross-appeal of a favorable judgment in order to preserve an argument that provides alternate grounds for affirmance at the Law Court. As I noted, the Court has declined to reach alternative arguments for affirmance where the prevailing party did not cross-appeal.
The Law Court recently did so again, in Jones v. Secretary of State. In that case, the Superior Court had found in favor of petitioners challenging a determination by the Secretary of State that there were insufficient signatures to place a people’s veto onto the November ballot. While the Superior Court held in favor of the petitioners on the single count asserted, it did not accept all of the arguments raised by the petitioner. The Secretary of State appealed, and the petitioners did not cross-appeal from the judgment in their favor. Before the Law Court, the petitioners asserted that one of the arguments raised below provided alternative grounds for