Justia Maine Supreme Court Opinion Summaries

Berwick Solar, LLC entered into an interconnection agreement with Central Maine Power Company (CMP) in March 2020 to connect its solar generation facility to CMP’s electric distribution system. The agreement estimated costs, but Berwick Solar opted not to obtain a detailed facilities study. After the project became operational in May 2021, CMP failed to issue cost reconciliation statements within the deadlines set by both the governing regulation and the agreement. CMP eventually sent a series of reconciliation statements, each seeking progressively lower amounts, but Berwick Solar disputed their timeliness and contended that CMP was required to provide further documentation for the costs.The dispute was not resolved through informal procedures, so Berwick Solar sought formal adjudication before the Maine Public Utilities Commission. After receiving testimony and briefs, the Commission dismissed Berwick Solar’s complaint, concluding that the regulation required Berwick Solar to pay the actual interconnection costs regardless of CMP’s untimely statements. The Commission also found that CMP was not obliged to provide original purchase orders or invoices, and Berwick Solar had not been prejudiced by the delay since the costs decreased over time. The Commission further declined to address Berwick Solar’s arguments about pooled overhead costs, noting those were not central to the dispute and had resulted in reduced costs for Berwick.Upon appeal, the Maine Supreme Judicial Court affirmed the Commission’s order. The Court held that CMP’s failure to issue reconciliation statements within the prescribed sixty-day period did not relieve Berwick Solar of its obligation to pay actual interconnection costs, including pooled overhead costs. CMP is not required to provide purchase orders or invoices unless requested through formal discovery. The Court also found competent evidence supporting the Commission’s finding that Berwick Solar was not prejudiced by the delay. Judgment was affirmed. View "Berwick Solar, LLC v. Public Utilities Commission" on Justia Law

Acadia Aqua Farms applied in 2019 for a twenty-year aquaculture lease in Eastern Bay, Maine, proposing to cultivate blue mussels using floating equipment, including a harvesting machine and a permanently moored storage raft. The company planned to operate seasonally, with routine maintenance and harvesting involving mechanized equipment. The Department of Marine Resources held a public hearing, allowing testimony from Acadia, intervenors such as Friends of Eastern Bay, and the public. Concerns were raised about noise impacts on nearby research facilities, especially the Mount Desert Island Biological Lab.After review, the Commissioner of the Maine Department of Marine Resources approved the lease in October 2024, but reduced its area from the requested 48.11 acres to 19.71 acres and imposed several conditions aimed at mitigating noise and visual impacts. Friends of Eastern Bay challenged the decision in the Superior Court (Kennebec County), which, after transfer to the Business and Consumer Docket, affirmed the Commissioner’s decision. Friends then appealed, arguing the Commissioner lacked statutory authority, that the noise and other impacts were improperly assessed, and that the lease should have been treated as a discharge application requiring additional environmental review.The Maine Supreme Judicial Court reviewed the case and affirmed the lower court’s judgment. The Court held that the Commissioner had statutory authority to grant the lease, including approval of the storage raft as part of the aquaculture operation. It concluded that the Department’s noise mitigation requirements and factual findings were supported by substantial evidence and complied with legislative and regulatory standards. The Court also found no error in the Department’s decision not to treat the application as a discharge application, given the lack of evidence that the proposed equipment would discharge pollutants. The judgment was affirmed. View "Friends of Eastern Bay v. Department of Marine Resources" on Justia Law

Juanita C. Clark and her husband complained to the Code Enforcement Officer (CEO) of the Town of Phippsburg about a neighbor, Dan Gurney, who was allegedly operating a nuisance wood-selling business in violation of the land use ordinance. The Board of Appeals found that Gurney’s business constituted a nuisance, but the Board of Selectmen later found that the nuisance had been abated. After the Superior Court affirmed the Board of Selectmen’s decision, Clark and her husband appealed, resulting in a prior ruling by the Maine Supreme Judicial Court that the Board of Selectmen had exceeded its authority and violated due process. The matter was remanded for proper action.Following remand, the Board of Selectmen conducted a series of meetings, some involving ex parte communications with Gurney and limiting public participation. Ultimately, the Board agreed to enter into a consent agreement with Gurney and the CEO issued a cease-and-desist order. Clark later reported that Gurney continued to violate the order, submitting evidence to the CEO, who informed the Board that legal action should be considered. The Board held further discussions, some of which Clark was not notified about, and eventually voted that there was no violation and that no action would be taken. The CEO then notified Clark of this decision. When Clark sought formal findings, the Board clarified that its previous statement was just an opinion and that the CEO’s determination was final.Clark filed a complaint in the Sagadahoc County Superior Court challenging the Board’s actions and alleging due process violations. The Superior Court dismissed the complaint, reasoning that the Board’s clarification left no final government action for review. On appeal, the Maine Supreme Judicial Court held that Clark’s allegations regarding the Board’s refusal to take legal action presented a reviewable question of final government action. The Supreme Judicial Court vacated the dismissal and remanded for further proceedings. View "Clark v. Town of Phippsburg" on Justia Law

The Maine Department of Health and Human Services conducted a competitive bidding process in 2023 to award contracts for medical nonemergency transportation services for MaineCare and Children’s Health Insurance Program recipients. Penquis C.A.P., Inc., previously the incumbent provider for two regions, submitted bids for four regions but lost to ModivCare Solutions, LLC, which received the highest scores and was awarded contracts for all eight transit regions. Penquis CAP challenged the awards for four regions, asserting irregularities in the evaluation process and seeking access to additional DHHS records through Freedom of Access Act requests.Penquis CAP first pursued administrative appeals before a Department of Administrative and Financial Services (DAFS) appeal committee, which held a hearing and ultimately validated the contract awards to ModivCare. Penquis CAP then sought judicial review in the Superior Court (Penobscot County), which was transferred to the Business and Consumer Docket. After briefing and oral argument, the Business and Consumer Docket affirmed the appeal committee’s decision, finding no legal or procedural error in the bidding and award process. Penquis CAP subsequently appealed to the Maine Supreme Judicial Court, which stayed the contract awards pending appeal.The Maine Supreme Judicial Court reviewed the administrative record for errors of law, unsupported factual findings, or abuse of discretion. The Court held that Penquis CAP was not entitled under statute or the Administrative Procedure Act to delay the hearing until all FOAA requests were fulfilled, nor to obtain evidence beyond what it already possessed. The Court found no clear and convincing evidence justifying invalidation of the contract awards, and affirmed the judgment, lifting the stay on the awards. View "Penquis C.A.P., Inc. v. Department of Administrative and Financial Services" on Justia Law

A candidate for Knox County Sheriff submitted the required election petition and consent form, swearing to meet statutory qualifications for the office, including at least two years of supervisory employment experience in law enforcement or corrections. He provided documentation and testimony from his previous employer, the Chattanooga Housing Authority Police Department, confirming his supervisory role over contract officers. A registered voter and deputy sheriff challenged the candidate’s qualifications, particularly contesting the sufficiency of his supervisory experience. At the hearing, the candidate declined to testify, but his former supervisor and a contract officer testified about his supervisory duties.A presiding officer appointed by the Secretary of State heard the challenge and found that the candidate’s position did not constitute sufficient supervisory employment experience under the relevant statute, reasoning that his supervisory authority was limited and primarily over independent contractors rather than employees. The officer recommended that the candidate’s consent form be invalidated. The candidate objected to this recommendation.The Secretary of State issued a final decision, adopting the presiding officer’s findings regarding certification but concluding that the candidate’s supervisory experience as a Criminal Investigator satisfied the statutory requirement. The Secretary of State interpreted supervisory employment experience to mean supervision of personnel as a job responsibility, regardless of whether the supervised individuals were direct employees or contractors. On appeal, the Maine Supreme Judicial Court reviewed the interpretation of the statute de novo and the Secretary of State’s factual findings for substantial evidence. The Court held that the Secretary of State’s interpretation and application of the statute were correct and supported by substantial evidence, and affirmed the decision allowing the candidate to appear on the ballot. View "Landers v. Secretary of State" on Justia Law

A woman was struck and injured by a bus in Bangor, Maine. The bus was operated as part of a public transit system known as the Community Connector, which serves several municipalities and the University of Maine. The City of Bangor oversees daily operations of the Community Connector, but the precise extent of involvement by the neighboring towns and cities is disputed. It is also unclear whether the bus that struck the plaintiff was running on a Community Connector route or a Bangor-only route; the buses for both services look the same.The plaintiff filed a complaint in the Penobscot County Superior Court against the City of Bangor, the Community Connector, and several neighboring towns and cities, alleging negligence and asserting that the Community Connector operated as a joint venture among the defendants. The municipalities moved for summary judgment, arguing they were immune from suit under the Maine Tort Claims Act. The Superior Court denied summary judgment, holding that the municipalities had not established that there were no material disputes of fact regarding their involvement or possible joint venture status. The court also denied a motion for reconsideration.On appeal, the Maine Supreme Judicial Court considered whether the municipalities were entitled to immunity as a matter of law. The Court found that key factual questions remained unresolved, including whether the municipalities exercised direct control over the bus or its driver and the nature of their participation in the Community Connector. Because these factual disputes must be resolved by the trial court before determining the applicability of immunity, the Maine Supreme Judicial Court dismissed the appeal as interlocutory, leaving the issue of immunity to be addressed after further factual development in the trial court. View "Fisher v. Town of Hampden" on Justia Law

Two applicants submitted materials to operate medical cannabis cultivation facilities in a Maine town in August 2024. Their initial applications did not include necessary documentation showing that their facilities would be located in a “Registered Cannabis Property,” which was required by the town’s licensing ordinance. Town staff reviewed the applications and placed them on the council agenda for a “first reading,” a step not required by ordinance but adopted by custom. On September 4, 2024, before the first reading of the applications, the Town Council amended the zoning ordinance to add a 1,000-foot setback requirement between cannabis facilities and residential properties—a standard the applicants’ locations could not meet. After the amendment, staff told the council the applications were “complete,” and the first reading occurred. The public hearing and further review were scheduled, and the required property registration was later filed. The council ultimately denied the applications for failing to meet the new setback requirement.The applicants sought judicial review in the Cumberland County Superior Court under Maine Rule of Civil Procedure 80B. The Superior Court affirmed the Town Council’s decision, concluding that the applications were not “pending” at the time of the ordinance amendment and thus were subject to the new setback requirement.On further appeal, the Maine Supreme Judicial Court reviewed whether the applications were “pending” within the meaning of 1 M.R.S. § 302 at the time the ordinance was amended. The court held that an application is not “pending” until the reviewing authority has conducted a substantive review of whether it meets the approval criteria. Because the Town Council had not begun substantive review before the zoning amendment was enacted, the applications were not pending and were properly denied under the amended ordinance. The judgment was affirmed. View "Shark Tank Strategies, LLC v. Town of Scarborough" on Justia Law

Eight residents of Boothbay and Boothbay Harbor challenged a school board’s refusal to put their petition for a new referendum before the voters. The underlying issue concerned a voter-approved bond to renovate local schools. After the bond passed, the residents submitted a petition containing two articles: one seeking to reconsider and repeal the prior vote, and another proposing a new, smaller bond for a different renovation project if the repeal succeeded. The school board rejected the petition, reasoning that it did not present a proper reconsideration question as required by statute and that the second article was unrelated to reconsidering the original referendum.The residents sought judicial review in the Lincoln County Superior Court under Rule 80B and also filed independent claims for a declaratory judgment and attorney fees, alleging a First Amendment violation. The Superior Court found that the petition was not a proper reconsideration petition because it included an additional article and that the independent claims were barred by the exclusivity principle. The residents then appealed.The Maine Supreme Judicial Court reviewed the case. It held that the statute governing reconsideration petitions imposes a ministerial duty on the board to initiate a referendum if the statutory requirements are met; thus, the Superior Court had jurisdiction. However, the Court found that the residents’ petition did not comply with the statutory requirements for a reconsideration petition, as it sought affirmative repeal and included a second, unrelated article, making it ineligible for submission to voters. The Court also affirmed the dismissal of the independent claims, holding there was no First Amendment violation. The judgment of the Superior Court was affirmed. View "Minerich v. Boothbay-Boothbay Harbor Community School District" on Justia Law

The case centers on a competitive bidding process conducted by the Maine Department of Health and Human Services (DHHS) for a contract to provide medical nonemergency transportation (NET) brokerage services in one of the state’s transit regions. Waldo Community Action Partners (Waldo CAP), the incumbent provider in Region 5 since 2014, submitted a proposal in response to the Request for Proposals (RFP). The RFP required bidders to detail their qualifications and provide three examples of relevant projects. Waldo CAP only completed details for one project, leaving the remaining two project sections blank except for the notation “NA.” After scoring, Waldo CAP did not receive the highest overall score; ModivCare Solutions, LLC, a vendor with extensive experience in other regions, was awarded the contract.Waldo CAP appealed the contract award to the Department of Administrative and Financial Services (DAFS) appeal committee, arguing that the process violated procurement laws and that the decision was arbitrary and capricious. The appeal committee affirmed DHHS’s decision, finding the point deduction for incomplete information justified and not arbitrary. Waldo CAP then sought judicial review in the Maine Superior Court, which also affirmed the committee’s decision.The Supreme Judicial Court of Maine reviewed the case, applying a deferential standard to the agency’s factual findings and statutory interpretations. The Court held that the “best-value bidder” under Maine law is determined strictly by the criteria and requirements set forth in the RFP, and that the agency acted within its discretion in scoring and did not act arbitrarily or capriciously. The Court affirmed the lower court’s judgment, upholding the award to ModivCare and lifting the stay on the contract award. View "Waldo Community Action Partners v. Department of Administrative and Financial Services" on Justia Law

In 2023, the Maine Legislature enacted the Paid Family and Medical Leave (PFML) program, requiring employers to remit quarterly premiums into a state fund beginning January 1, 2025. The program allows covered individuals to take up to twelve weeks of leave for qualifying reasons, with benefits paid from the fund. Employers may apply to substitute an approved private plan that provides substantially equivalent benefits, which exempts them from further premium payments. The Maine Department of Labor adopted rules implementing the PFML program, including a provision that all employers must pay nonrefundable premiums for the first quarter of 2025, even if they later obtain approval for a private plan. Employers could begin applying for private plan approval after April 1, 2025, due to the time needed for insurers to develop compliant policies.The Maine State Chamber of Commerce and Bath Iron Works challenged the Department’s rule requiring nonrefundable premiums, arguing it conflicted with the PFML Act and constituted an unconstitutional taking under both the Maine and U.S. Constitutions. The Kennebec County Superior Court accepted a consented-to motion to report three legal questions to the Maine Supreme Judicial Court: whether the rule conflicted with the Act or was arbitrary and capricious, and whether it constituted a taking under state or federal law.The Maine Supreme Judicial Court accepted the report and held that the Department’s rules do not conflict with the PFML Act and are not arbitrary, capricious, or otherwise unlawful. The Court found that the statute unambiguously requires employers to remit premiums until a private plan is approved, and the rules reasonably implement the legislative intent. Additionally, the Court determined that the obligation to pay premiums does not constitute a cognizable taking of private property under either the Maine or U.S. Constitution. The Court answered all three reported questions in the negative and remanded the case for further proceedings. View "Maine State Chamber of Commerce v. Department of Labor" on Justia Law