Category: Municipal Law
Can You Sue a Municipality for Damages Caused by a Pothole?
It is a sure sign of Spring when people begin asking about whether they can sue their town over potholes. Sometimes the question comes from clients and other times from …
Municipal Regulation of Solar Power in Maine
As my colleague wrote in a recent blog article called Maine Landowner’s Guide to Solar Leases, recent legislative developments incentivize solar power in Maine. This led to a “land rush” …
Is Chalking Tires an Unconstitutional Search?
Sixth Circuit Court of Appeals Panel Declares the Common Parking Enforcement Practice of Chalking Tires an Unconstitutional Search… Seriously?! The transcript below is a slightly edited version of a chat …
Is That Pot Shop Legal: Maine Municipalities Wrestle with Whether to “Opt in” to Marijuana
As a municipal attorney in Maine, I can never predict what new legal challenge one of our many municipal clients will call about next. This is one of my favorite …
Can Municipalities Make a Profit From Tax Lien Sales?
Can a Municipality Make a Profit by Selling my Property After a Tax Lien Foreclosure? Prior to 2015, the answer was always yes. Regardless of the amount received at the …
LUPC VARIANCE
The State legislature created the Maine Land Use Planning Commission (LUPC) formerly known as the Land Use Regulatory Commission (LURC) by statute entitled 12 MRSA Chapter 206-A Land Use …
Jurisdictional Limits of Municipal Police Officers
The jurisdictional limits of municipal police officers is a topic that is often speculated about, with little clarity as to whether or not the police officer from the next Town …
Court’s decision in Beal v. Town of Stockton Springs, 2017 ME
The Town of Stockton Springs, a Rudman Winchell client, was successful in a recent Law Court case challenging the result of a municipal dangerous building proceeding. Appellant Holly Beal owns …
The 2015 Amendments to Mandatory Shoreland Zoning and How They Impact the Expansion of a Non-Conforming Use
The Legislature adopted the Mandatory Shoreland Zoning Act in 1971. The current law requires municipalities to establish land use controls for all “shoreland areas” defined as: “areas within 250 feet …
(Not) Keeping it Confidential: Disclosing Settlement Terms under Maine’s Freedom of Access Act
Maine’s Freedom of Access Act (FOAA) is a state statute that is intended to open the government of Maine by guaranteeing access to the “public records” and “public proceedings” of …
