Justia Maine Supreme Court Opinion Summaries

At issue in this case was an order of the Maine Public Utilities Commission approving an alternative rate plan (ARP) for Bangor Gas Company, LLC. The Maine Office of the Public Advocate (OPA) and Bucksport Mill, LLC appealed from the Commission’s order. The Supreme Judicial Court affirmed, holding (1) the Commission did not abuse its discretion or exceed its statutory authority in calculating the APR initial rate base by utilizing an unimpaired, “original cost” valuation of Bangor Gas’s assets rather than the impaired “acquisition cost” incurred by Bangor Gas’s parent company; and (2) the OPA’s argument that the Commission abused its discretion by including in its revenue requirement calculation a portion of the Bangor Gas’s regulatory proceeding expenses amortized over five years need not be addressed because the Commission’s decision to include the regulatory proceeding expenses in its revenue requirement analysis had no impact on its decision to approve the ARP. View "Office of Pub. Advocate v. Pub. Utils. Comm’n" on Justia Law

Kevin Collins, a prison inmate, filed three grievances against the Department of Corrections relating to food services and the prison’s telephone system. The Department denied the grievances. Collins subsequently filed a petition for judicial review of a final agency action. The trial court ultimately dismissed Collins’s petition as untimely. Collins filed a notice of appeal accompanied by an application to proceed without payment of fees, thus requiring Collins to file a certified copy of his account statement for the six months preceding his appeal. Collins did not file his account statement in a timely manner. The trial court waived the appellate filing fee. The Department appealed from the order waiving the filing fee and filed a motion to dismiss Collins’s appeal for failure to file a new account statement for the six months preceding this appeal, arguing that Collins had failed to perfect his appeal. The Supreme Judicial Court (1) dismissed Collins’s appeal on the grounds that Collins failed to comply with the timing requirements of the Maine Rules of Appellate Procedure and had failed to perfect his appeal; and (2) dismissed as moot the Department’s appeal from the order waiving Collins’s appellate filing fee. View "Collins v. Dep’t of Corr." on Justia Law

The Workers’ Compensation Board imposed a $30,000 penalty on Nale Holyoke and his construction company (collectively, Holyoke) for violating the insurance coverage requirements of the Workers’ Compensation Act (WCA). The Workers’ Compensation Board Appellate Division vacated the Board’s imposition of penalties on Holyoke. The Supreme Judicial Court affirmed, albeit for a different reason than that expressed by the Appellate Division, holding that Holyoke complied with Me. Rev. Stat. 39-A, 401 and 403 by maintaining workers’ compensation policies that would have provided compensation to any worker entitled to benefits, and therefore, Holyoke complied with the coverage requirements of the WCA. View "Workers Comp. Bd. Abuse Investigation Unit v. Nate Holyoke Builders, Inc." on Justia Law

After a formal investigation, the Commission on Governmental Ethics and Election Practices determined that the National Organization for Marriage (NOM) - a national nonprofit advocacy corporation “dedicated to preserving the institution of marriage as between one man and one woman” - was a “ballot question committee” and was therefore subject to and in violation of the registration and reporting requirements of Me. Rev. Stat. 21-A, 1056-B. The business and consumer docket denied NOM’s petition for review. NOM filed a petition for review of the Commission’s decision, accompanied by a motion for a stay pending the resolution of its appeal. The trial court denied NOM’s request for a stay. NOM then filed a petition with the Supreme Judicial Court seeking “clarification” that the Commission’s decision was automatically stayed or, alternatively, seeking a stay pursuant to the Court’s inherent power to grant a stay. The Supreme Judicial Court denied NOM’s motion for a stay, holding (1) the Commission’s determination is not automatically stayed pending appeal pursuant to Me. R. Civ. P. 62(e); and (2) the Court declines to stay the Commission’s decision pursuant to its inherent equitable authority. View "Nat’l Org. for Marriage v. Comm’n of Governmental Ethics & Elections Practices" on Justia Law

Donald Paradis applied for and obtained a building permit to construct a two-car garage on property in the Town of Peru. After Paradis constructed the garage, the Town sent Paradis a notice of violation, stating that the garage violated multiple ordinance provisions. The Board of Appeals concluded that the appeal was properly denied. The superior court affirmed. The Supreme Judicial Court vacated the judgment of the superior court, holding that the Board of Appeals lacked jurisdiction to consider Paradis’s appeal, which deprived the courts of jurisdiction to consider it, as the notice of violation was not an appealable decision. Remanded. View "Paradis v. Town of Peru" on Justia Law

The Department of Environmental Protection (DEP) approved Fox Islands Wind’s (Fox Island) application for certification to build and operate a small-scale wind energy development project and issued a certification with a condition requiring Fox Island to implement a noise-reduction operation plan. After some neighbors, organized as Fox Island Wind Neighbors (FIWN), complained about the noise from the turbines, DEP demanded that Fox Island submit a revised operation protocol for approval. DEP subsequently issued a condition compliance order (CCO) accepting the revised protocol. FIWN filed a Rule 80C petition challenging the CCO, complaining that DEP’s action did not go far enough. The superior court reversed the CCO and remanded to DEP but denied FIWN’s constitutional claims. DEP and Fox Island appealed, and FIWN cross-appealed. The Supreme Judicial Court vacated the judgment of the superior court, holding (1) the CCO was a judicially reviewable enforcement action; (2) the issuance of the CCO was supported by substantial record evidence and was within the discretion of the DEP; and (3) FIWN's First Amendment retaliation claim failed because there was no adverse action taken by DEP against FIWN that would deter FIWN from further exercising its constitutional rights. View "Fox Islands Wind Neighbors v. Dep’t of Envtl. Protection" on Justia Law

Wayne Perkins applied to the Ogunquit Planning Board seeking site plan review and design review approval to convert his garage into a lobster pound. The Board approved Perkins’s application without requiring Perkins to comply with certain mandatory provisions in the Ogunquit Zoning Ordinance and without making necessary factual findings. The Hartwells, abutting landowners, sought judicial review. The superior court vacated the Board’s approval of Perkins’s site plan review application. The Supreme Judicial Court affirmed, holding (1) the Board did not have the power to waive any of the mandatory provisions of the Ordinance in this case; and (2) there were inadequate factual findings from the Board regarding Perkins’s use of the property, and therefore, the cause must be remanded for further factual findings regarding the lobster pound’s proper use classification. View "Hartwell v. Town of Ogunquit" on Justia Law

Appellant, a convicted felon, completed serving his sentences with a termination of his probation in 2007. In 2013, Appellant submitted an application to the Department of Public Safety for a black powder permit. The Department denied Appellant’s permit application in accordance with Me. Rev. Stat. 15, 393(4)(A) due to the District Attorney’s objection to the issuance of the permit. Appellant appealed, arguing that section 393’s procedure for consideration of black powder permit applications is unconstitutional. The superior court affirmed. The Supreme Court affirmed, holding (1) section 393(4) does not create an unconstitutional delegation of legislative authority; and (2) because there is no constitutional right or interest at stake that requires judicial protection, the potential for judicial review to be unavailable in certain circumstances under the statute presents no facial constitutional defect. View "Bouchard v. Dep’t of Pub. Safety" on Justia Law

The Town of Starks Planning Board approved an application for site plan approval to build and operate a cellular telephone tower in Starks. Harry and Cindy Brown appealed the decision. The Town of Starks Board of Appeals (SBA) denied the Browns’ appeal after determining that it was limited to reviewing the Planning Board’s decision in an appellate capacity. The Browns appealed the SBA’s decision to the superior court, arguing for the first time that the SBA should have reviewed the Planning Board’s decision de novo. The superior court affirmed. The Supreme Judicial Court affirmed, holding that because the Browns failed to challenge the SBA’s standard of review determination at the municipal level, the issue was not preserved for appellate review. View "Brown v. Town of Starks" on Justia Law

Wayne and Michelle McClellan applied for a conditional use permit to build a disc-golf course in the City of Saco on property abutting a campground owned by Fred Fitanides. The Saco Planning Board voted to grant conditional approval for the project and issued the conditional use permits. The Saco Zoning Board of Appeals (ZBA) affirmed the Planning Board’s decision. The superior court affirmed. The Supreme Judicial Court affirmed the judgment, holding (1) the Planning Board issued the permits in compliance with the City of Saco Zoning Ordinance; and (2) Fitanides was not prejudiced by any procedural irregularities in the administrative process. View "Fitanides v. City of Saco" on Justia Law