Justia Maine Supreme Court Opinion Summaries

Appellant, a former corrections officer, was dismissed after an administrative hearing on November 4, 2009. On November 18, the commissioners issued their written decision which containted their findings and rationale. On December 18, the appellant filed a compliant asserting a due process claim pursuant to 42 U.S.C. 1983 and a wrongful termination claim pursuant to 30-A M.R.S. 501(3)(A). At issue was what constitutes ânotice of any actionâ to trigger M.R. Civ. P. 80B(b)âs 30-day time limit for filing an administrative appeal. The Supreme Court vacated and remanded the lower courtâs dismissal of appellantâs due process and wrongful termination claims as untimely, holding that Rule 80B(b)âs time limit for seeking review of a decision to dismiss an employee does not commence until the employee receives a written decision of the county commissioners or personnel board. The Court also held that because appellant did not have an opportunity to address his suspension before he was terminated, direct review pursuant to Rule 80B(b) would not provide an adequate remedy for appellantâs Section 1983 claim; therefore, denial of appellantâs right to due process of law was independent of his administrative appeal.

Victor Bravo Aviation is a Connecticut company founded and established by E. Brian Cleary and his wife Vicki in 2002. In 2004, Victor Bravo contracted to purchase an aircraft from Columbia Aircraft Sales in Connecticut. The aircraft was constructed in France. It was flown to the USA with scheduled stops in Maine and Connecticut in 2005. Victor Bravo took possession of the aircraft in Connecticut as its owner. The aircraft was flown its first twelve months in Maine and other surrounding states. The aircraft made thirty-seven flights to Maine. It was stationary in Maine for 156 days with approximately 121 overnight lay-overs. Victor Bravo never had the aircraft registered in Maine. Victor Bravo was assessed with Maine use taxes on the aircraft in February 2007. Victor Bravo appealed this assessment to the Superior Court which was upheld. On appeal, the Supreme Court made the distinction between the facts of this case with those in the "Blue Yonder" case which was decided April 26, 2011. It was determined that the aircraft owned by Victor Bravo was used in a manner that went beyond having a âtemporary, transient presenceâ in Maine. The Court held that under these circumstances, the aircraft should be properly considered to have âcome to restâ in Maine, and therefore subject to the Maine use tax. The Court affirmed the Superior Court and Assessorâs decisions.