Justia Government & Administrative Law Opinion Summaries

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

The Supreme Judicial Court affirmed in part and vacated in part the judgment of the Business and Consumer Docket entering a declaratory judgment invalidating all rules and regulations previously promulgated by Fall Line Condominium Association's Board of Directors, holding that the declaratory judgment voiding rules and regulations not approved by a majority in interest of unit owners that concern the use of units, common areas, and facilities was proper but that the declaratory judgment as to all other rules and regulations was not.Plaintiffs, who owned a unit at Fall Line, filed a complaint against the Association and certain members of the Board seeking a declaratory judgment that all rules, regulations, and limitations affecting unit owners and their use of their units and any common element at the condominiums not approved by a majority in interest by the unit owners were void. The Business Court granted summary judgment in favor of Plaintiffs. The Supreme Judicial Court held (1) the Association's bylaws unambiguously states that the Board, in order to promulgate or amend rules of conduct concerning the use of the units, common areas, and facilities, must seek approval from a majority in interest of unit owners; and (2) there is no such limitation on other types of rules or regulations governing the general operation and use of the property. View "Scott v. Fall Line Condominium Ass'n" on Justia Law

The Supreme Judicial Court vacated the judgment of the superior court dismissing for lack of subject matter jurisdiction Plaintiffs’ Me. R. Civ. P. 80B complaint for review of factual findings made by the Board of Appeals of the Town of York, holding that the superior court had jurisdiction to review the Board’s decision.Plaintiffs contacted the Town’s Code Enforcement Officer (CEO) to express their concern that their neighbor’s use of his property was not consistent with the previous owner’s nonconforming use. The CEO found no violations. The Board found that the neighbor’s use of the lot did not constitute a change in use but was rather an intensification of the previous use. Plaintiffs appealed to the superior court pursuant to Rule 80B. The court granted the Town’s motion to dismiss, concluding that the Board’s review of the CEO’s decision was advisory and, therefore, unreviewable. The Supreme Judicial Court affirmed, holding that, absent an express provision in the Town’s ordinance stating that Plaintiffs may not appeal, a determination of whether there has been a violation of the ordinance is reviewable on appeal. View "Raposa v. Town of York" on Justia Law

The Supreme Judicial Court affirmed the decision of the superior court granting summary judgment on Appellants’ appeal from the assessment of tax on certain foreign income, holding that there was no error in the proceedings below.On appeal, Appellants argued that the superior court misinterpreted and misapplied Me. Rev. Stat. 36, 5217-A regarding the income tax credit available to them for income taxes paid to a foreign jurisdiction and erred in determining that the penalties and interest assessed against them for the 2012 and 2013 tax years were appropriate. The Supreme Judicial Court affirmed, holding (1) the superior court properly upheld the decision limiting the credit available under section 5217-A; and (2) the court did not err in its decision to uphold in full the assessment of penalties and interest against Appellants. View "Warnquist v. State Tax Assessor" on Justia Law