Justia Government & Administrative Law Opinion Summaries

The Supreme Judicial Court affirmed the judgment of the business and consumer docket vacating a decision by the Town of Lamoine Board of Appeals that reversed the Town Planning Board's denial of Hard MacQuinn, Inc.'s application for a permit under the Town's site plan review ordinance and affirming and reinstating the Planning Board's decision, holding that the lower court did not err.Specifically, the Supreme Judicial Court held (1) the Me. R. Civ. P. 80B complaint filed by Friends of Lamoine and Jeffrey Dow as Trustee for the Tweedie Trust was timely; (2) the Board of Appeals properly conducted appellate review of the site plan permit decision rather than de novo review; (3) the Planning Board’s findings in denying the permit were supported by substantial evidence; and (4) MacQuinn's argument that the Planning Board should have waived a criterion of the ordinance as duplicative or inapplicable did not require discussion. View "Friends of Lamoine v. Town of Lamoine" on Justia Law

The Supreme Judicial Court affirmed the judgment of the superior court determining that the Town of Frye Island may not withdraw from Maine School Administrative District 6 (MSAD 6) in the absence of legislation expressly authorizing the Town to invoke the statutory withdrawal process set forth in Me. Rev. Stat. 20-A, 1466, holding that the superior court did not err.The residents of Frye Island voted unanimously to withdraw from MSAD 6. The Legislature responded by enacting L.D. 500, which stated that the Town could not withdraw from MSAD 6 unless withdrawal was first authorized. Frye Island later amended its charter and again sought to withdraw from MSAD 6. MSAD 6 sought a declaratory judgment that Frye Island's effort to withdraw from MSAD 6 was unlawful. The court granted summary judgment for MSAD 6. The Supreme Judicial Court affirmed, holding (1) the amendment to the Town's charter did not expressly or implicitly repeal L.D. 500 by operation of law; (2) L.D. 500 does not violate the Maine Constitution's special legislation clause; and (3) the court did not err in dismissing Frye Island's claims arising under the Due Process Clause and Equal Protection Clause of the United States and Maine Constitutions. View "MSAD 6 Board of Directors v. Town of Frye Island" on Justia Law

The Supreme Judicial Court dismissed as moot this appeal from the decision of the superior court dismissing Appellant's petition against the Maine Department of Corrections for failure to serve the Department pursuant to Me. Rev. Stat. 5, 11003(1), holding that events in the superior court had overtaken this appeal, rendering it moot.After Appellant filed this action, the trial court, treating the action as a petition for review of agency action, issued Appellant an order requiring him to show cause why his appeal should not be dismissed for failure to serve the Department. The court ultimately dismissed the petition for insufficient service of process. After Appellant's appeal was docketed, Appellant filed a motion asserting that the Department had acknowledged receipt of process. The court then negated its dismissal of Appellant's action. Therefore, the Supreme Court dismissed the appeal as moot. View "Paquette v. Department of Corrections" on Justia Law

The Supreme Judicial Court affirmed the decision of the Maine Public Utilities Commission granting Central Maine Power Company's (CMP) petition for a certificate of public convenience and necessity (CPCN) for the construction and operation of the New England Clean Energy Connect (NECEC) project, holding that the Commission followed the proper procedure and that there was sufficient evidence in the record to support the Commission's findings.In 2017, CMP filed a petition with the Commission for a CPCN for the NECEC project, a 145-mile transmission line. The Commission voted to grant CMP a CPCN for the construction and operation of the NECEC project. The Supreme Judicial Court affirmed, holding (1) the Commission did not commit legal error when it decided that CMP was not required to file the results of a third-party investigation into nontransmission alternatives; (2) the Commission did not err in its construction and application of Me. Rev. Stat. 35-A, 3132(6); and (3) the Commission did not abuse its discretion in approving a stipulation between the parties requiring the project to provide myriad benefits to ratepayers and the State as conditions to the recommended Commission approval of the stipulated findings and issuance of the CPCN. View "NextEra Energy Resources, LLC v. Maine Public Utilities Commission" on Justia Law

The Supreme Judicial Court vacated the judgment of the superior court vacating a Department of Health and Human Services hearing officer's decision requiring AngleZ Behavioral Health Services to pay $392,603.31 in MaineCare reimbursements because of billing errors, holding that the superior court erred by finding that the Department did not submit proper evidence in support of some of its recoupment claims.After auditing the claims submitted by AngleZ between February 13, 2013 and July 20, 2013 The Department issued a notice of violation applying an error rate to all of AngleZ's claims during that time period. The Department ultimately sought a total recoupment of $392,603.31. A hearing officer concluded that the Department was correct in seeking 392,603.31 in recoupment, and the Department's acting commissioner adopted the recommendation. The superior court vacated the Commissioner's decision, concluding that the hearing officer's decision was not supported by substantial evidence. The Supreme Judicial Court vacated the superior court's judgment, holding that the hearing officer's decision was supported by substantial evidence and was neither arbitrary nor capricious. View "AngleZ Behavioral Health Services v. Department of Health and Human Services" on Justia Law

The Supreme Judicial Court vacated the judgment of the superior court affirming the second decision of the Scarborough Board of Assessment Review granting Taxpayers 14.74 percent abatements to their land values, holding that the Board's original abatements reviewed by the superior court after this Court's remand satisfied constitutional requirements.In previous opinions, the Supreme Judicial Court concluded that the Board had erred in denying Taxpayers' abatement requests to their land values. On remand, the Board granted Taxpayers eight percent abatements to their land values. The superior court vacated the Board's decision, concluding that the Board's abatement formulate was unreasonable. On remand, the Board determined that Taxpayers were entitled to 14.74 percent abatements. The superior court affirmed. The Supreme Judicial Court vacated the superior court's judgment affirming the Board's second decision granting 14.74 percent abatements and remanded with directions to affirm the Board's first decision, holding that the Board's original decision was not outside the reasonable range of discretion allowed the Board under this Court's precedents. View "Bolton v. Town of Scarborough" on Justia Law

The Supreme Judicial Court affirmed the judgment of the superior court affirming a decision of the Town of Belgrade Zoning Board of Appeals (BOA), which denied Appellant's application for commercial use of his property, holding that the superior court did not err in affirming the BOA's decision.Appellant submitted applications to the Town's Planning Board for a seasonal dock and boat rental business at his property. The Planning Board denied both applications, concluding that the property failed to meet the minimum lot standards provided in the relevant zoning ordinance. The BOA upheld the decision. The superior court affirmed. The Supreme Judicial Court affirmed, holding that the BOA did not err, and the BOA's decision was supported by substantial evidence in the record. View "Grant v. Town of Belgrade" on Justia Law

The Supreme Judicial Court vacated the judgment of the superior court entering summary judgment in favor of Defendants on Plaintiff's complaint alleging attorney malpractice, holding that the court erred in concluding that Plaintiff failed to present evidence of causation to proceed with its legal malpractice claim.Plaintiff submitted an application for site plan review for approval of a commercial facility. The town's planning board approved the application. Abutters to the site appeal the decision to the town's board of appeals (BOA), and Plaintiff hired Defendants to represent it before the BOA. The BOA ultimately reversed the planning board's decision. Plaintiff appealed, but because Defendants failed to file a brief, the appeal was dismissed. Plaintiff then brought this action alleging that it suffered harm due to Defendants' negligence. The court granted summary judgment for Defendants, concluding that Plaintiff could not show either that the planning board's decision would have been upheld or that the BOA's decision would have been overturned absent Defendants' negligence. The Supreme Court vacated the judgment and remanded for further proceedings, holding that the superior court, had it originally reviewed the planning board's decision, would have concluded that the board's approval of the site plan did not reflect error. View "MSR Recycling, LLC v. Weeks & Hutchins, LLC" on Justia Law

The Supreme Judicial Court vacated the judgment of the superior court denying Petitioner's petition for review of a final agency action and affirming a disciplinary action that resulted in the imposition of sanctions against him for the offense of assault, holding that the record contained no competent evidence to support the hearing officer's determination that Petitioner committed an assault.The hearing officer determined that Petitioner was guilty based on the report of a corrections officer. The Chief Administrative Officer affirmed the hearing officer's decision. The superior court denied Petitioner's petition for review of the agency action and affirmed the disciplinary action. The Supreme Judicial Court vacated the judgment below, holding (1) Petitioner's right to call witnesses was not unreasonably restricted; but (2) Petitioner demonstrated that no competent evidence existed to support the hearing officer's determination. View "Carryl v. Department of Corrections" on Justia Law

The Supreme Judicial Court affirmed the judgment of the superior court dismissing Appellants' claim for a declaratory judgment in this zoning dispute, holding that the superior court did not err in dismissing the claim as duplicative of Appellants' appeal from a municipal action that was included in the same complaint.Appellants owned a parcel of land that abutted a parcel owned by Landowners. After the zoning board of appeals (ZBA) approved Landowners' application for permission to raze an existing house located on their property and to build a new one Appellants filed a complaint against the Town of Cape Elizabeth and Landowners, asserting, inter alia, a request for judicial review of the ZBA's approval of Appellants' application pursuant to Me. R. Civ. P. 80B and an independent claim for a declaratory judgment that section 19-6-11(E)(2) of the Cape Elizabeth Zoning Ordinance is preempted by the state's Mandatory Shoreland Zoning Act, Me. Rev. Stat. 38, 439-A(4)(C)(1). The superior court dismissed the declaratory judgment claim as duplicative of the Rule 80B appeal. The Supreme Judicial Court affirmed, holding that because Appellants' claim for declaratory relief was not independent from its Rule 80B, the superior court's dismissal of the declaratory judgment claim as duplicative was not an abuse of discretion. View "Cape Shore House Owners Ass'n v. Town of Cape Elizabeth" on Justia Law