The Law Court’s recent decision in Parker v. Department of Inland Fisheries & Wildlife is fascinating—it is a rare instance when the Court has been called upon to interpret and apply a new constitutional provision. The Maine Constitution has had relatively few amendments, but in 2021 Maine voters approved a “Right to Food Amendment.” Parker
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Proposed Amendments to Maine Rules of Appellate Procedure
The Appellate Rules Committee, of which I am currently chair, has been busy considering various amendments to the rules. The Committee has recommended certain changes, and the Supreme Judicial Court has now proposed amendments to the rules and invited public comment.
The biggest change is one that will hopefully be a significant benefit to…
Procedure, Not Politics
Amid the intense coverage of the Colorado ballot exclusion case that was the subject of oral argument before the Supreme Court earlier this month, the Law Court’s decision in Trump v. Secretary of State on a parallel appeal of the Maine Secretary of State’s decision to bar Donald Trump from the ballot has garnered comparatively…
When Should Prior Precedent Be Overruled?
With debates over the application of stare decisis taking center stage in recent Supreme Cout arguments regarding the viability of Chevron deference—an issue which we will likely revisit in June—it was notable that the Law Court recently engaged in its own heated debate over that doctrine in Finch v. U.S. Bank, N.A. I recently…
The Court as Casino No More: Law Court Ends Stringent Foreclosure Rule
The Law Court has dramatically reshaped foreclosure law in Maine, ending the Court’s outlier position regarding the effect of a defective notice of default. In Finch v. U.S. Bank, N.A., the Court held that, when a lender fails to comply with the notice requirements of 14 M.R.S. § 6111 prior to initiating a foreclosure…
A Conversation on Appellate Practice
I have the distinct honor of participating in a CLE on Monday, December 11, at 4p, with two excellent jurists: Justice Catherine Connors of the Maine Supreme Judicial Court, and Justice William Meade of the Massachusetts Appeals Court. The CLE is being moderated by Dan Winslow of the New England Legal Foundation. Feel free to…
The Limits of Deference to Agency Interpretations under Maine Law
Earlier this month, the Maine Law Court issued its decision in Cassidy Holdings, LLC v. Aroostook County Commissioners, holding that, in a municipality without a board of assessment review, a taxpayer whose nonresidential property is valued at $1 million or more has the option to appeal an assessment either to the county commissioners or…
(Precedent) Singing in Harmony
The Law Court recently cleaned up a tangle of legal precedent regarding the appropriate means for challenging a property tax assessment, explaining and harmonizing two hundred years of case law. Oakes v. Town of Richmond establishes clear guidelines for tax appeals.
The issue in Oakes was the proper procedural vehicle for contesting a property tax…
The Primacy Doctrine and Appellate Advocacy
As readers of this blog know, state constitutional interpretation has been a matter of discussion here and at the Maine Law Court over the last few years. Maine jurisprudence has seen a revival of the primacy doctrine, which directs state courts to resolve state constitutional issues prior to and independently of any federal constitutional issues. …
Beware the Appeal Deadline, Part 2: Motions to Amend a Judgment v. Motions for Relief from Judgment
In Board of Overseers v. Brown, the Law Court addressed the timeliness of an appeal following a “motion for clarification” of a judgment. In doing so, the Law Court drew an interesting distinction between requests for relief that qualify as a motion to alter or amend the judgment under Rule 59(e) (which toll the…