Justia Government & Administrative Law Opinion Summaries

After a public hearing, the Town of Stockton Spring’s Board of Selectman determined that a structure owned by Hollie Beal was a dangerous building or nuisance pursuant to Me. Rev. Stat. 17, 2851. The superior court affirmed the decision of the Board. The Supreme Judicial Court affirmed, holding (1) Beal’s contention that the Board violated her due process rights when it allegedly denied her the opportunity to be heard, to cross-examine witnesses, and to have an impartial fact-finder was unavailing; and (2) there was substantial evidence in the record to support the Board’s findings. View "Beal v. Town of Stockton Springs" on Justia Law

21 Seabran, LLC applied for two permits necessary to renovate a garage on a lakefront parcel. The Town of Naples Code Enforcement Officer denied the permits, concluding that the parcel would have insufficient shore frontage to comply with state and local law. The Town of Naples Board of Appeals denied 21 Seabran’s appeal, concluding that the proposed renovation would add to the parcel a second “residential dwelling unit” for purposes of the Town of Naples Shoreland Zoning Ordinance, which would render the parcel noncompliant. The superior court affirmed. The Supreme Judicial Court vacated the judgment, holding (1) the Board’s determination that the proposed structure was a residential dwelling unit was erroneous; and (2) the Board’s conclusion that the parcel failed to comply with the minimum lot size law and rules was erroneous. View "21 Seabran, LLC v. Town of Naples" on Justia Law

Friends of the Motherhouse, a nonprofit corporation and two individuals (collectively, Friends) filed a complaint seeking a declaration that the Portland City Council’s rezoning of a parcel owned by Sea Coast at Baxter Woods Associates, LLC and Motherhouse Associates LP (collectively, Sea Coast) was invalid. Sea Coast successfully moved to intervene and then moved for summary judgment. The superior court granted summary judgment for Sea Coast. The Supreme Judicial Court affirmed, holding that the Council acted within its broad legislative authority, and therefore, the superior court did not err in finding that Sea Coast was entitled to judgment as a matter of law. View "Friends of the Motherhouse v. City of Portland" on Justia Law

The Fryeburg Academy, a private secondary school, applied to the Town of Fryeburg Planning Board for permits authorizing changes in the use of two parcels of leased land. Following a hearing, the Planning Board approved the Academy’s applications for both parcels. Specifically, the Town allowed the Academy to use one parcel of land (the Land Lot) as an outdoor classroom and to use a building on the second parcel of land (the House Lot) to house administrative offices. The Fryeburg Trust, which owns property abutting both lots, appealed. The superior court affirmed the Planning Board’s decision to grant the Land Lot permit but vacated the Planning Board’s decision to grant the House Lot. The Trust, the Academy, and the Town all appealed, challenging the interpretation of the definition of secondary school in Fryeburg’s Land Use Ordinance. The Supreme Judicial Court affirmed the decision of the Planning Board, holding (1) the Academy’s proposed use of the Land Lot fit within the definition of secondary school; and (2) the proposed use of the House Lot was permissible under the Ordinance. View "Fryeburg Trust v. Town of Fryeburg" on Justia Law

Bangor Hydro-Electric (BHE) and Maine Public Service Company (MPS) were regulated utilities engaged in the transmission and distribution of electric it. The companies merged to become Emera Maine during the pendency of this proceeding. BHE and MPS filed a petition for reorganization, under which Emera Maine’s parent company would increase its ownership interest in Algonquin Power & Utilities Corporation (APUC), a publicly-traded company that is in the electricity generation business. The petition was subject to approval by the Maine Public Utilities Commission because of the relationship that would result between Emera Maine, as a transmission and distribution entity, and APUC, a generator. The Commission approved the petition. On appeal, the Supreme Judicial Court vacated the Commission’s order approving the petition, holding that the Commission misconstrued the governing statute in the Electric Industry Restructuring Act. On remand, the Commission once again approved the petition. On the second appeal, the Supreme Judicial Court vacated the Commission’s order, holding that the Commission acted outside of its authority when it imposed conditions that would regulate APUC beyond what the Restructuring Act allows. Remanded with instructions to deny the petition. View "Houlton Water Co. v. Public Utilities Commission" on Justia Law

BCN Telecom, Inc. was assessed a state service provider tax on certain flat charges that BCN imposed on some business customers’ lines from 2008 to 2011. The charges were designed both to reimburse BCN for presubscribed interexchange carrier charges that it paid to access local telephone infrastructure and to generate profits. The Sales and Use Tax Division of Maine Revenue Services affirmed the assessment. The Maine Board of Tax Appeals affirmed. On judicial review, the superior court granted summary judgment in favor of BCN, concluding that BCN’s charges were not part of the “sale price” of telecommunications service and that, even if they were, they were exempt from taxation under Me. Rev. Stat. 36, 2557(34) because they were charges for interstate telecommunications services. The Supreme Judicial Court vacated the judgment entered by the superior court, holding (1) the amounts received by BCN were subject to the service provider tax as part of the sale price for telecommunications services; and (2) BCN failed to provide prima facie proof that the tax exemption for interstate telecommunications services applied as a matter of law to these charges. View "BCN Telecom, Inc. v. State Tax Assessor" on Justia Law

In Petrin v. Town of Scarborough, the Supreme Judicial Court, in considering challenges to increases in municipal property taxes for parcels located in neighborhoods in the Town of Scarborough, concluded that the Town’s practice of undervaluing separate but abutting lots held in common ownership resulted in discriminatory tax treatment. In this separate action, the Court addressed similar challenges brought by owners of residential waterfront properties located in an area of Scarborough not at issue in Petrin. Plaintiffs appealed a judgment determining that they did not have standing to pursue one of their challenges but otherwise affirming the Scarborough Board of Assessment Review’s denial of their tax abatement petitions. The Supreme Judicial Court vacated the judgment, holding (1) Plaintiffs had standing to pursue their challenges; (2) the Board did not err in concluding that a partial revaluation conducted by the Town was proper; but (3) the Board erred by denying Plaintiffs’ requests for abatement based on the Town’s practice of undervaluing abutting lots, which resulted in discriminatory assessments. View "Angell Family 2012 Prouts Neck Trusts v. Town of Scarborough" on Justia Law

Richard and Ann Cayer filed a petition to secede from the Town of Madawaska. Thereafter, the Legislature enacted and the Governor approved a bill changing the Legislature’s practice for receiving and considering secession petitions. The Town determined that the amended statute governing legislature consideration applied to the Cayers’ petition, and the Madawaska Board of Select People declined the Cayers’ requests to schedule an advisory referendum on the Cayers’ petition. The Cayers sought review of the Town’s denial of their request to schedule an advisory referendum and sought a declaratory judgment that the repealed version of the secession statute applied to their petition. The trial court entered summary judgment in favor of the Town and found the Cayers’ challenge to the Town’s explicit refusal to take any action untimely. The Supreme Judicial Court affirmed, holding (1) the court did not err in determining that the appeal was untimely; (2) the Town’s actions provided no basis for a civil rights claim or a declaratory judgment action; and (3) an action for a writ of mandamus provided no alternative cause of action. View "Cayer v. Town of Madawaska" on Justia Law

As a result of a partial revaluation of parcels of land located within the Town of Scarborough, including land owned by Plaintiffs, the municipal assessment of the parcels of land increased. Plaintiffs sought abatements from the Town assessor and the Scarborough Board of Assessment Review without success. Plaintiffs appealed the Board’s decision, arguing that they bore an unequal share of the Town’s overall tax burden. The Business and Consumer Docket concluded that Plaintiffs did not have standing to seek remedial relief because Plaintiffs’ properties were not treated differently than the properties of other taxpayers. The Supreme Judicial Court vacated the judgment, holding (1) the Town’s method of assessing separate but abutting parcels held in common ownership resulted in unequal apportionment, and the Board erred in concluding that the unlawful practice did not result in discriminatory assessments of Plaintiffs’ properties; and (2) therefore, Plaintiffs had standing to pursue all of their challenges. Remanded. View "Petrin v. Town of Scarborough" on Justia Law

The Board of Trustees of the Maine Public Employees Retirement System affirmed an administrative determination that Appellant was ineligible for disability retirement benefits. Appellant later filed an incomplete petition for review of final agency action in the superior court. The complete petition was required to be filed on or before April 7. Appellant did not file a complete petition under April 15. The superior court dismissed as untimely Appellant’s petition for review of the Board’s decision. The Supreme Judicial Court affirmed, holding that the superior court did not err in dismissing the petition as untimely or in denying Appellant’s subsequent motion for reconsideration. View "Bastille v. Maine Pub. Employees Ret. Sys." on Justia Law