Justia Government & Administrative Law Opinion Summaries

Ed Friedman, joined by others, filed a complaint raising issues regarding the health effects Central Maine Power Company’s (CMP) advanced metering infrastructure (AMI) system. After conducting an investigation, the Maine Public Utilities Commission concluded that AMI does not pose a credible threat of harm to the health and safety of CMP’s customers. The Supreme Judicial Court affirmed, holding (1) the Commission applied the correct credible threat standard; (2) the Commission’s determination was supported by substantial evidence; and (3) the two Commissioners serving on the panel unequivocally concurred in the decision despite their differing rationales. View "Friedman v. Pub. Utils. Comm’n" on Justia Law

Plaintiff applied for abatement of real property taxes that the Town of Lebanon assessed against her property for the tax years 2011 through 2013. The Town denied the application on the basis that the taxes had been paid. After a de novo hearing, the York County Commissioners ultimately denied Plaintiff’s application for abatement for tax years 2011 and 2012 and remanded the matter for further action with respect to tax year 2013. The superior court affirmed the decision of the Commissioners with respect to the 2011 and 2012 tax years. The Supreme Judicial Court affirmed, holding that because Plaintiff failed to supply the Court with a complete and defined record of the evidence and arguments presented to the Commissioners, the Court could not review Plaintiff’s argument that the Commissioners were compelled to authorize an abatement. View "Penkul v. Town of Lebanon" on Justia Law

Carol Reece applied for a coastal sand dune permit to create a vehicle access way to her property abutting a beach and to develop and lawn and walkway on the property. The Department of Environmental Protection granted the permit. Abutting landowner Jonathan Day and others appealed. The Board of Environmental Protection reached a de novo decision granting Reece’s application. The superior court vacated the Board’s decision. The Supreme Judicial Court vacated the superior court’s judgment, holding that the Board’s interpretations of its own ambiguous rules do not conflict with the relevant statutes or with the rules, and the rules do not compel at the interpretation reached by the superior court. Remanded for entry of a judgment affirming the Board’s decision to grant Reece the permit. View "Day v. Bd. of Envtl. Prot." on Justia Law

Plaintiff filed a complaint against the Town of Eddington Planning Board and Board of Selectmen seeking declaratory and injunctive relief to prevent a public vote on a moratorium on quarries and a declaration that any moratorium that might be approved was null, void, and of no legal effect because the town violated the open meeting requirements imposed by the Freedom of Access Act (FOAA) during an executive session. The trial court entered a judgment for the Town, determining that the executive session, invoked for the purpose of consulting with counsel, had complied with the FOAA. Plaintiff appealed, arguing that the moratorium should be declared null and void. The Supreme Judicial Court affirmed, holding that the trial court did not err in determining that the executive session complied with the conditions specified in the FOAA. View "Hughes Bros., Inc. v. Town of Eddington" on Justia Law

A Deputy of the Department of Labor, Bureau of Unemployment Compensation determined that Plaintiff had been overpaid $13,157 in unemployment insurance benefits and was required to reimburse the Bureau in that amount. Nearly one year after the expiration of the appeal period Plaintiff appealed the Department’s decision. The Department of Labor, Division of Administrative Hearings dismissed the appeal as untimely. On appeal, the Unemployment Insurance Commission remanded the matter to the Division to develop an evidentiary record on the timeliness of Plaintiff’s appeal and the merits of her appeal. On remand, the Division developed the record and submitted the record to the Commission for decision. The Commission concluded that Plaintiff’s appeal to the Division was untimely. The superior court affirmed. The Supreme Judicial Court affirmed, holding that the Commissioner correctly concluded that the Deputy’s decision had become final and that it was without jurisdiction to address the merits of her untimely appeal. View "Ramelli v. Unemployment Ins. Comm’n" on Justia Law

The Bowers Wind Project proposed to place sixteen wind turbines within the boundary of an expedited permitting area, making them visible from multiple scenic resources of state or national significance. Champlain Wind, LLC filed an application with the Department of Environmental Protection seeking permits to construct the Project. The Department denied Champlain’s application, concluding that the Project did not satisfy the statutory scenic standard. The Board of Environmental Protection affirmed the Department’s denial of Champlain’s permit application, concluding that the Project would “unreasonably adversely affect scenic character and existing uses related to scenic character.” The Supreme Judicial Court affirmed, holding that the Board did not act unlawfully or arbitrarily in its determination that the visual impact of the Project would have an unreasonable adverse effect on the existing scenic character or existing uses related to scenic character of nine affected great ponds. View "Champlain Wind, LLC v. Bd. of Envtl. Prot." on Justia Law

Plaintiff challenged three City of Saco decisions issued in connection with the construction of a car dealership by WWS Properties, LLC. Specifically at issue were (1) the City Planning Board’s and the Zoning Board of Appeals’ (ZBA) conclusions that each lacked jurisdiction to review the City Planner’s grant of an amendment to WWS’s approved site plan, and (2) the ZBA’s determination that it did not have jurisdiction to consider Plaintiff’s appeal of the certificate of occupancy issued to WWS. The superior court affirmed the decisions of the Planning Board and ZBA. The Supreme Court vacated the judgment, holding (1) Plaintiff’s appeal of the City Planner’s approval of the site plan amendment was properly before the Planning Board, and therefore, the Planning Board erred in determining that it lacked jurisdiction; and (2) the ZBA had jurisdiction to consider Plaintiff’s appeal of the issuance of a certificate of occupancy, and the ZBA erred in refusing to exercise that jurisdiction. Remanded. View "Desfosses v. City of Saco" on Justia Law

Plaintiff purchased a former school property from the Town of Dexter for future redevelopment, and the Town initially supported Plaintiff’s redevelopment efforts. After Plaintiff contested the Town’s tax assessment of the property, the Town’s code enforcement officer (CEO) issued a stop work order and notice of violation prohibiting all work on the property. Plaintiff filed this civil rights action against Defendant, the Town of Dexter, alleging that the Town’s actions, through its CEO, were arbitrary and capricious and deprived him of equal protection of law and the use and enjoyment of property, in violation of both the federal and state constitutions. Plaintiff sought injunctive relief and damages. The superior court granted the Town’s motion to dismiss Plaintiff’s complaint, concluding that Plaintiff had failed to exhaust his administrative remedies. The Supreme Judicial Court affirmed on the grounds that Plaintiff (1) failed to allege that the CEO’s actions were taken pursuant to a municipal policy, (2) failed to pursue available administrative relief, and (3) failed to allege that he faced discriminatory treatment as compared with others who were similarly situated. View "Marshall v. Town of Dexter" on Justia Law